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Nobody wants to get pulled over, even if it is a random stop at a check- point. When you see a police officer begins to pull you over, what you do and say can have a huge effect on whether you will spend the night in a cell or be off with a warning . Whether the traffic stop ends in a simple moving violation or an arrest for a more serious crime, your choices are critical. 

Step One: Pull over safely and turn off your car engine.

Step Two: Put out any cigarette or gum your were chewing. First impressions matter.

Step Three: quickly roll down your window and place your hands on the steering wheel.

Step Four: A police officer who stops you for a traffic violation is normally not allowed to search your vehicle.

(Be careful…. what your body language says about you can tip off a police officer.  An officer will watch for any sort of “furtive movement.” A sudden lowering of one or both shoulders, for example, will tip the officer off that you’re attempting to hide something under the seat.)

Step Five: In California, an officer who stops you for an alleged traffic violation has the right to insist that you and your passengers get out of your car. So, ask for instruction on what to do if this happens to you. 

Step Six: Don’t be hostile. Hostility has led to many a problem with police officers. This includes even saying more than necessary.

Step Seven: Seek a lawyer if a traffic stop leads to serious accusations—like a charge of driving under the influence or possession of drugs. 

Most parents try to instill discipline, values and morals within their children. Remember those old PSA commercials that reminded parents that “It’s 8 o’clock. Do you know where your children are?” Today you don’t have to wonder anymore. Teens are more likely to have smartphones and post their daily activities on social media. If you monitor their daily posts you can know what they are up to to an extent.  Now, what do you do if your teen gets arrested? Here is a list of some things you should do in case this happens.

1. When in custody, ask for a lawyer. This is the first thing that a parent should always do. Hire one or ask for a public defender.

2. Parents shouldn’t play lawyer. Even if you know your rights, a proper lawyer with experience will help the situation.

3. Your rights as a parent may be limited. Though some states require parental consultation for questioning, you have no federal right to be present when your child is questioned.

4. Cooperation and respect go a long way. The best time to explain this to your child is before an arrest or police interview. Cover these basics: Ask questions, remain calm and if you don’t know remain silent and let the lawyer take over.

5. The police are not on your side. In fact, they shouldn’t be on anyone’s side. The police respond to complaints and to what they’ve seen. Police officers try to open cases and to close them.

6. Communication between parents and teens is key. if you have that close relationship with your teen, communicate and get their side of the story. Also, let your lawyer know what you talked about.

7. Check their social media and let your lawyer know. At times what your teen posts can be an alibi or evidence. 

8. Your Teenager is no angel; he or she got arrested for some reason. Part of being a teen is doing stupid and dangerous things sometimes. Teens will often do things out of character, and oftentimes parents can make a mistake with their own child’s character.

It’s hard to leave a bad relationship. It’s even harder to leave an abusive relationship – whether you are a man or a woman. Every 9 seconds in the U.S. a woman is getting beaten or assaulted. One of the reasons why it’s so hard for women to leave abusive relationships is because 1/2 of them who leave end up homeless and broke. You may not have a place to go, but there are resources that can help you transition to a better life.  If you are one of the few lucky ones that are leaving or about to leave an abusive relationship, here are some steps to help you.

Step 1: Call family and friends who can help you. If you are an abused woman, seek women centers that help women and children go through this.

Step 2: Delete all traces of your digital footprints, including your search history.  

Step 3: SEEK LEGAL HELP!

Step 4: Change addresses on bills and documents, passwords, social security number, and telephone number.

Step 5: See if you can get a new credit card in your name only. The same thing goes with a bank account.

Step 6: Deal with money and work. This will not be easy, but it must be done.  Let your work know what’s going on.

Step 7:  Cancel joint account(s) if you can.

Step 8: If you are using the car, contact the department of motor and vehicles and change everything.

Step 9: If you have children together, seek custody.

Step 10: Seek a divorce.

Hey Arizona! Have you been putting your donkey to sleep in your bathtub? If you are, you just broke a state law. As funny and ridiculous as it sounds, outdated laws like this exist in every state simply because they have been forgotten. Many states haven’t kept up with the advances in technology and progress, and laws like the donkey in the bathtub law were there since the wild west and still remain in effect today.  Since I am in the great state of California, here are some silly laws that are still in the law books. The source for these laws are from Findlaws.com and Dumblaws.com 

• Women may not drive in a house coat.
• Arcadia: Peacocks have the right of way to cross any street, including driveways.
• Baldwin Park: Nobody is allowed to ride a bicycle in a swimming pool.
• It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
• California prison workers will no longer be allowed to have sex with inmates
• Film producers must have permission from a pediatrician before filming a child under the age of one month.
• You may only throw a frisbee at the beach in Los Angeles County, CA with the lifeguard’s permission.
• Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
• It’s unlawful to let a dog pursue a bear or bobcat at any time.
• Bathhouses are against the law.
• Blythe, CA: You are not permitted to wear cowboy boots unless you already own at least two cows.
• In San Jose and Sunnyvale it is illegal for grocery stores to provide plastic bags.
• Carmel, CA: Ice cream may not be eaten while standing on the sidewalk. (Repealed when Clint Eastwood was mayor)

Happy 2017! Now that 2016 is over and you’re planning to quit the gym in about a week, it’s time to see what else is going on in 2017. For most of us Californians who have already started rolling some joints in public and growing it, wait right there people with “License” to sell. Maybe you think it also allows you to grow and sell in public.

The Bureau of Marijuana Control has until January 1, 2018, to begin issuing those licenses. It creates a Catch-22. Though it’s legal for Californians over the age of 21 (and adults visiting the state) to possess and grow marijuana starting immediately, there’s no place to buy it legally. Sorry to be your buzz-kill but it’s better to know this now. So, for now… smoke it at your place.

For Traffic here is a list of driving rules you will see in traffic school. So pull over and start reading this.

• Assembly Bill 1785:  a motorist can only use his or her hand to activate or deactivate a feature or function on the device that requires a single swipe or tap. The law does not apply to systems that are installed by manufacturers and embedded in the vehicle.
  
• Assembly Bill 53: The bill, which was signed in 2015, expanded the existing law, which stated that children under the age of 8 must be placed in an appropriate passenger restraint system while in a moving vehicle. This law extends a requirement that children under 2 years old must sit in an appropriate rear-facing child passenger restraint system, unless he or she is more than 40 pounds, or is taller than 40 inches.
  
• Assembly Bill 51: The law, which goes into effect Jan. 1, defines the practice of a motorist driving a two-wheeled motorcycle between rows of stopped or moving vehicles. It also authorizes the California Highway Patrol to develop educational guidelines on lane splitting to help ensure the safety of all motorists. CHP would have to consult with specified safety agencies and organizations in order to craft the guidelines for motorcycle lane splitting.
  
• Senate Bill 1046: This would extend a pilot program that requires most convicted DUI drivers to install ignition interlock devices — also referred to as IIDs — that would prevent them from operating a motor vehicle while under the influence. Under the law, the offender will be able to obtain a restricted driver’s license, have their license reissued, or get their motor vehicle privileges reinstated on the condition that they install an IID in their vehicle for a prescribed amount of time. The bill extends the pilot program in four California counties — Los Angeles, Alameda, Sacramento and Tulare counties — before it expands to the entire state on Jan. 1, 2019.
  
• Senate Bill 838: Starting April 1, the vehicle registration fee on every vehicle or trailer coach will rise to $53, an increase of $10.
  
• Senate Bill 1072: All school buses, school pupil activity buses, youth buses, and any child care motor vehicle used to transport school-age children will be required to have a “child safety alert system. Additionally, all schools are required to have transportation safety plans that ensure no students is left alone on a bus.
  
• Senate Bill 839: the fee for the issuance of Environmental License Plates will increase from $43 to $53 beginning on July 1. The fee for the renewal, retention, transfer or duplications of the personalized environmental plates will go from $38 to $43 on Jan. 1.
  
• Senate Bill 491: The minimum threshold for property damage that is required to be reported when a driver is involved in a crash will go from $750 to $1,000 in the new year.
  
• Assembly Bill 1289: This law would enact the Consumer Automatic Recall Safety (CARS) Act, which would prohibit dealers and rental car companies from loaning or renting a vehicle that is under a manufacturer’s recall no later than 48 hours after receiving such notice, and until the vehicle has been repaired. Additionally, under the bill, the DMV will be required to issue a recall disclosure statement with every vehicle registration renewal notice.  The agency will also have the power to suspend or revoke the license of any dealer that violates the CARS Act.
  
• Senate Bill 1429 will expand the Year of Manufacture license plate program so that anyone who owns a 1980 or older-model year vehicle will be able to obtain a license plate from the year corresponding to that car’s model year. The vintage plates would then take the place of a regular license plate. Previously, the law only applied to vehicles that were from 1969 or older, or a pickup truck that is a 1972 or older-model year.

Gun Laws!? Check out next week’s blog for my part 2. 

A new year deserves a new first blog for 2017. If you read my last blog, you can read the new traffic laws that will be enforced in 2017. In addition, California now has new gun laws that were voted in for January 1, 2017 and July 1, 2017. 

Under AB 1151, a person can’t loan a firearm to anyone other than family.  However, there are limitations to this bill; the loan to a family member cannot occur more than six times a year and the loan must be for less than 30 days.

SB 869 requires law enforcement officers to lock their handgun out of plain view in an unattended vehicle – either in the trunk or a locked container. 

Senate Bill 1695 (“Stop the Illegal Gun Sales Act”) makes it a crime to make a false report about a lost or stolen firearm. The penalty for this will be the inability to purchase a gun for ten years. 

Under Prop 63, a firearms owner has five days to report the loss or theft of a firearm, while a firearms dealer has 48 hours to make a report

SB 1446 states that people who own magazines that hold more than 10 rounds (not including several exemptions) must give them up before July 1st of 2017.  

For more details visit  http://www.signalscv.com/2017/01/03/california-institutes-new-gun-laws-2017/]

Leah Legal Criminal Defense
14401 Sylvan St. Suite #201
Van Nuys, California 91401
818-484-1100
http://www.leahlegal.com

To crack down on cyber bullying and continued harassment on social media, Twitter has rolled out a new way of cracking down on online bullies. This could probably lead to some positive change for Twitter. The changes include:

• Keeping serial abusers from creating new accounts.
• New “Safe Search” function.
• Blocking abusive and “low quality” tweets from your conversations. 

According to Twitter, the new “Safe Search” function will prevent abusive tweets or tweets from blocked and mute accounts from appearing in users search results. Those tweets can still be found if people want to see them, but they won’t clutter search results any longer.

I applaud Twitter for what they are doing. For most people Twitter is a great tool to promote and advertise, and to use if they want to know what is happening in real-time. Many lawyers use Twitter to update their clients and followers on current laws, current events, and business hours. 

If you don’t believe this blog. Follow me on Twitter.

www.twitter.com/leahcrimdefense

Van Nuys Criminal Defense Attorney

The worry of not knowing whether there is a warrant for your arrest can be crippling, especially because being in police custody may lead to your detention. Most people who suspect that they may soon face arrest would want to know whether law enforcement officers are after them. Knowledge is necessary, as it allows you to take the necessary steps.

However, the process of determining whether there is a warrant for your arrest is not always straightforward. Due to this, most people are caught by surprise when officers make abrupt arrests, leaving them in a vulnerable position. On the other hand, learning various sources of information to help you find an arrest warrant against you is beneficial. Upon finding the details, you can approach an attorney for further guidance and have him/her defer your arrest if possible.

Where to Search for a Warrant for Your Arrest

If you suspect that police officers may be planning to detain you for criminal charges, you want to work as fast as possible to ensure they have a valid arrest warrant. To do this, you can explore several websites or service providers to conduct professional searches and find the warrant. With your efforts to search for the warrant, you are better positioned to face the subsequent occurrences, including a court trial. The various ways of searching for a warrant of arrest issued against you are:

1. Run a Record Check on Your Name

Normally, the issuance of a warrant for arrest translates to a registered record in your name. This occurs because you are a suspect in criminal activities, and the warrant is a validation of your detention in preparation for trial. Subsequently, searching for your name in California record departments is a good way to begin your research to find results hopefully. 

The opportunity to run through various records may require you to enter your identity details in the various websites, so we recommend having your ID number or Driver’s license registration number with you when conducting searches.

One of the websites to visit is the criminal records section. As mentioned, an arrest warrant implies that you are about to face a criminal trial. Therefore, the persons in charge of updating these records will preempt your arrest and record your name as soon as the judge authorizes the warrant.

When searching the criminal records, you also want to enter your search in the appropriate offense section. Since you may know the type of activities leading to a possible warrant against you, you can browse through the sections to find your details fast.

Alternatively, you may also browse through the public records section to find any relevant information on the warrant. Usually, information on the public includes your name, identification numbers, and documents, as well as any pending orders against you. The database is a reserve for all registered citizens and has many uses.

Hence, upon opening your profile, you will see your details, including whether you have an active arrest warrant issued. On the other hand, your search may end on a positive note, having found that no warrant has been issued.

Thirdly, you may also search through records kept by government agencies. Like the public access records, your details include any pending court orders issued against you. This includes arrest warrants, if any, meaning that you can access the required details. However, you should note that some agency records require identity verification which may take a while.

2. Make an Inquiry in the County Sheriff’s Department

Apart from running online searches, why not approach your nearest sheriff’s department for an in-person inquiry on the arrest warrant? The option is useful if you know the county where an arrest warrant is likely to be issued and what offense. For example, if you committed an offense in your area of residence, approaching the sheriff’s department may be an easier option if you know how to access the offices.

Once in the office, you will receive assistance from the personnel assigned to conduct searches for the general public. This online search is limited to the sheriff’s department website, as each office stores data from the county it serves. Thus, it may be quicker to access records from the sheriff’s department compared to running through various online databases on your own.

When the personnel finds your details, he/she will provide the information and ask you to fill out any necessary forms to show your acknowledgment of the warrant. As a result, fighting off an arrest later becomes more difficult because you will be aware of the details, and the sheriff’s department has proof of it.

3. Request for Search Services from a Professional

Often, navigating the various websites, offices and databases may become challenging even for those with rich knowledge in conducting searches. Therefore, seeking the services of a professional is recommended to help conduct a thorough and expeditious search.

Among the many professionals to approach is your criminal defense attorney. He/she is likely to have a wealth of experience in handling arrest warrant cases based on the field of practice. Moreover, an attorney has access to additional services from trained paralegals who easily navigate multiple databases. 

Therefore, you do not have to worry about missing your name or searching in the wrong field when working alone. A professional’s touch would give you all the confidence you need to conclude the research and begin preparing for the resulting arrest if an arrest warrant was issued.

4. Conduct a Search on the Superior Court Site

Since a judge issues an arrest warrant in a superior court, the clerks working on various cases are responsible for updating the superior court website with any court orders and warrants. Normally, the updates are available shortly after the judge issues written orders, meaning that you can access the information within a short period.

We advise you to check your records in the correct court section, as the superior court details are separated according to several departments. You can also access the superior court details by visiting the department of justice website if you prefer their interface. They hold all the records as required, making it easier to navigate the records to find your arrest warrant.

How to Ensure You are Searching for the Correct Warrant

While the term “arrest warrant” applies to a broad range of reasons for arrest, a special distinction exists for offenses committed while offenders are in court for trial or mentions. Therefore, bench warrants are reserved for suspects who were already previously arrested and demonstrate unlawful behavior during their trial process. From the distinction, you may have an arrest or bench warrant issued against you.

Due to the differences in issuing the warrants, you should be aware of the type of offense you will face. This helps you determine the correct section to look for your arrest warrant details and avoid dealing with unforeseen police visits. One of the best ways to distinguish between the two types of warrants for arrest is by learning their characteristics, when they are issued and what they entail.

Attributes of a Regular Arrest Warrant

A warrant issued for your arrest mandates a law enforcement officer to apprehend you based on the reasonable cause you broke the law. It would operate as a justification for your arrest if no officers witnessed you breaking the law but have sufficient proof of your unlawful actions.

While the arrest warrant acts as an automatic ticket for your arrest, it must be issued following the necessary procedure. Usually, a presiding judge holds the discretion to issue the warrant based on various considerations.

Firstly, he/she may receive details from an authorized police officer concerning your illegal engagements. The details may be reported by a witness who was present when violating the law or investigating officers who tipped the peace officer about your activities.

Apart from providing the judge with details of the offense, the officer should also provide evidence to justify the need for your apprehension. Sources of proof may vary depending on the type of crime you are suspected of committing. For example, if you are involved in drug trafficking, details on your dealers, hideouts, and drug paraphernalia are important details for the judge to assess.

Alternatively, the judge can issue a warrant for arrest based on an indictment from the grand jury. The indictment may occur when a jury handles a separate case where you are mentioned as a prime suspect. You should note that the indictment can prevail even though you are not a party to the case handled by the jury at the time.

For example, the jury’s current case may involve a carjacking where you escaped as an unidentified suspect. Thus, if sufficient details are available to hold you accountable, you may receive the arrest warrant from the indictment.

Further, knowing the format of an arrest warrant is important to help you determine whether you are searching for the correct document. Various details must be present in a valid warrant for arrest, especially because they help identify you. They include:

• Your name.
• The name of the judge issuing the arrest warrant.
• The type of charge you are likely to face.
• The location where the warrant is issued.
• The judge’s signature, date, and the time of issuing the warrant.
• The name of the court issuing the warrant.

Attributes of a Bench Warrant

Without knowing the difference between a regular arrest warrant and a bench warrant, you may go through the wrong category of names. Consequently, you risk not finding details about your warrant, leading to a surprise arrest by officers later on. To avoid this, we recommend understanding the attributes of a bench warrant, as your information may be listed under this category. They include:

The Bench Warrant is Issued for Being in Contempt of Court

The main difference between a bench warrant and a regular warrant is its reason for issuance. While an arrest warrant is useful for most crimes, a bench warrant only applies for contempt of court offenses. Thus, most receptors are persons with an ongoing matter in court and can be in the criminal or civil division.

Failure to pay court fines on the specified dates is one reason for a warrant to be issued against you. The lack of adherence to the judge’s orders amounts to contempt, so he/she is authorized to issue the order.

Secondly, missing a mandatory court appearance can also lead to the issuance of the warrant, especially if you have already defined a previous warning. The non-appearance is often taken as an attempt to avoid facing trial, meaning that you will delay the process of dispensing justice.

Thirdly, the judge may also issue other court directives during the proceedings, including maintaining order and abstaining from using offensive language. Defying these orders repeatedly can also prompt the judge to authorize a bench warrant in your name.

The Bench Warrant is Useful Until the Judge Recalls It

Unlike an arrest warrant that can be revoked, the bench warrant is actively applicable until the judge decides to recall it. Even so, he/she will only recall the warrant if you show signs of following the initial court orders, thus correcting your actions in contempt of court.  

The Importance of Working With a Defense Attorney When Searching for Your Arrest Warrant

As mentioned, an attorney is one of the professionals you can approach to help you find out whether an arrest warrant against you exists. However, he/she plays a more vital role than searching. When the results show that a judge or jury ordered your arrest, you want to run several checks to determine whether the documents are accurate and correctly issued.

Your attorney can guide you on the appropriate steps to follow after finding out that the warrant is existent and valid. For better engagement, scheduling an in-person appointment with your lawyer should be a priority. During the meeting, you can discuss the best course of action to follow pending the apprehension.

Additionally, your lawyer’s input is important if you are unsure of the reason for the arrest warrant. Cases of mistaken identity or inaccurate details are not uncommon, meaning that some people may face improper arrest. Thus, going through the warrant document to scan for errors in detail can save you from facing unfair detention and a bad experience overall.

Further, some reports leading to the issuance of the arrest warrant may be false or exaggerated. Since peace officers can act from a witness or complainant’s tip, verifying the reason for the arrest is crucial. However, some parties may act maliciously to impose false accusations and fabricated evidence. Eventually, the details reach the judge’s desk awaiting an official order. If no due diligence is conducted, you will face an unfair arrest, which contravenes your rights.

Due to all these reasons, your lawyer can help by presenting your case in court to clear the warrant. Before approaching the judge, he/she ensures that the reasons for warrant clearance are credible and justified by counter-evidence in your favor. For example, you can consolidate evidence proving a conspiracy to fabricate details leading to the arrest warrant in the case of false allegations. The motion may be challenging, but a skilled lawyer will do his/her best to secure a successful outcome.

Nonetheless, most arrest warrants are issued rightfully, meaning that you committed an offense. In these cases, denying your involvement is futile, as the judge will have already approved all the details presented against you. Subsequently, the best option is to prepare for your arrest by determining the bail amount you expect to pay.

Your lawyer can help you in the preparations by determining the charge you will face before the prosecutor presents the details. Afterward, he/she will run through the court website to confirm the amount of bail you can expect to pay after your arrest. During your meetings, you may further discuss the nature of the trial you will face and the possible defenses to present.

Find a Criminal Defense Attorney Near Me

Finding out if a warrant is issued for your arrest is vital to help you prepare for the possible outcomes. Moreover, it can help you dispute the warrant early enough, especially if you have valid reasons against its validity. In doing this, you will save yourself the stress and expenses faced after detention in jail, especially if the arrest warrant details were wrong. However, without the help of an experienced criminal defense attorney, knowing whether an arrest warrant against you exists may be difficult.

To avoid facing major setbacks in your research, we recommend partnering with Leah Legal for the best criminal defense services in Van Nuys, California. Partnering with our team gives you access to prudent and expeditious legal assistance that aims at creating positive outcomes for our clients. Additionally, our experience in handling cases related to fighting off arrest warrants has equipped us with the necessary skills to support your case. If you require legal assistance in knowing whether an arrest warrant against you exists, contact us today at 818-484-1100.

Your criminal defense staff may be overwhelmed by answering all the incoming calls and, at the same time, attending to existing client’s legal matters. Additionally, you are scared of increasing the firm’s expenditures by hiring extra staff members to help your current staff. Moreover, you are finding it challenging to provide your clients with services after normal working hours.

However, the solution for your law firm’s problems is partnering with an answering service as soon as possible. With the service in place, you will avoid recording missed calls; you will provide your clients with services any time they need you the most, and keep your office growing and competitive. Partner an attorney answering service today and start enjoying the following benefits:

Focus On Practicing Law

In a law firm, there are several activities taking place at the same time. Answering clients’ calls, scheduling appointments, jotting down their details and their legal claims may be time-consuming, especially when you have other pressing matters to handle. Therefore you may be unable to concentrate on the existing client’s cases and end up making mistakes and wrong decisions. By doing so, you may end up losing clients. However, with a phone answering service that handles your incoming calls, you will have adequate time to prepare the scheduled consultations and solve the existing clients’ legal cases.

Answer All Calls

Are you worried about frequently missing incoming calls from defendants and plaintiffs? A call answering service is a solution to your problem. You should expect the clients to make their calls at any day or night time. Notably, a client may have a list of law firms on their palm; therefore, when they call your law firm, and the call is transferred to a voicemail, they may feel frustrated and move to the next attorney on their list. However, with an active phone answering service accessible around the clock, you will never record missed calls anymore and lose clients. Even when you are meeting with the existing clients, relaxing at home after business hours, or representing your clients at the court, the incoming calls will be answered by experts. They will talk like an employee of your law firm and record all their details.

Have a Better Organization of Your Law Firm

The organization of a law firm begins from how they receive their clients up to the final stage of the court. Will a client go for a disorganized or organized law firm? The answer is the client will go for the most organized and reliable law firm. An answering service will eliminate the need to keep track of every call and message. The call service will organize the information easily and text or email to the criminal defense law firm. Additionally, the service will provide a secure account where you may access, find, manage messages and emails, and then plan your client’s appointment accordingly.

The Service is A Good Alternative To An In-House Receptionist

A phone answering service is more flexible than hiring an in-house receptionist in several ways. For example, a receptionist will undergo training, will be unavailable after the regular working hours and over the weekend and holidays. However, an answering service will receive all the incoming calls at any time, either day or night. No days off and probably fewer costs since the charges are per the number of the received calls.

Reach Your Customers 24/7

Crimes happen at any time of the day. The client may be arrested any time and conduct your office at that particular time they need your help the most. For instance, your client may be arrested on Saturday and quickly need assistance from your law firm. The arrestee may require a consultation before they appear before the court on Monday. If the law firm is closed over the weekend, you may miss the client to another law firm. Alternatively, hiring additional staff may increase the firm’s expenditure. The team may find it challenging to handle the existing cases and, at the same time, pick the incoming calls.

As a professional lawyer, you will be caught in court and consultation. It will be impossible to answer every call. Even when you overwork your staff team, they still may not manage with the multi-task. Notably, a call answering service will manage large volumes of incoming calls either during the day or night. Therefore you will have the freedom to continue providing services to new clients while serving the existing clients.

Retain Your Clients

Receiving a client isn’t a guarantee they will work with your office. Alternatively, every day a law firm loses clients due to a communication gap. Most clients are frustrated when they make a call, and they fail to speak with a live person. They speak with automation services. Therefore once the potential client can’t reach you, they will move to another law firm. However, a call answering service will save your law firm. The service will ensure the clients are received professionally, and they receive the best services out of your office. Probably they will share the good news with their relatives and friends and refer them to your criminal defense law firm when they violate the law.

The Agents At The Call Answering Service are Well Trained

Since the clients share their personal and critical information with the lawyers, they need the privacy of their details. The call answering service has well-trained experts compliant with several protection laws like FACTA, COPPA, and HIPAA. The details of your clients are protected with the utmost care. Additionally, the service focuses on one activity, answering clients’ calls. The service doesn’t have any other duties, ensuring you receive what you pay for and the work is conducted efficiently.

Reduce Your Staff’s Interruption

Since law firms are often busy handling both the new and existing clients, the staff team will probably face interruption from either the clients or the incoming calls. Therefore they will need enough time to engage in legal cases at that particular time. Additionally, when the staff is busy, an incoming call becomes a distraction. The call may be a real problem, especially when the staff member is handling a critical issue and at the same time can’t afford to lose a client on the phone. Therefore the call would result in poor decision and poor service delivery.

However, an answering service is the best solution for your law firm’s problem. The agents will receive incoming calls when you are busy with other legal matters. After recording the caller’s details, the information will be available for you once you are back.

The Call Answering Service Answers Routine/Basic Questions

The service will do work as per your law firm’s regulations. Therefore the gents have knowledge and experience in handling relevant issues for your office. They will answer the basic questions to the clients on behalf of your law firm. By doing so, they will prevent your staff team from facing interruptions while conducting critical matters. Notably, they will answer questions relating to your firm’s direction, appointment scheduling, and confirmation, among other routine questions.

An Answering Service Will Do More Than Just Answering The Incoming Calls

A call answering center’s primary task is answering the incoming calls and redirecting them to the respective departments. However, the service may offer your practice with additional services at a very cheap cost. The agents are highly trained, thus qualified to offer other services from customer support to other more complex tasks. They perform the tasks securely following your firm’s internal regulations. By doing so, the service frees up much time for your administrative team to handle other critical duties. The other services provided by an answering service agents are:

• Collecting Clients Contact Details and Their Legal Issues

The collection of clients’ details is essential but time-consuming. You can avoid the problem by hiring an answering service rather than an in-house receptionist to perform the task. The agents are professionally trained and meet government requirements as well as HIPAA compliance. Therefore they will gather the client details securely.

• Call Filtering and Transfer

The call service may filter the wrong numbers and determine the most urgent calls from how the callers provide their information. Additionally, you may instruct the agents to forward the calls to your administrative staff team when necessary. By doing so, your administrative team may engage in other tasks.

• Scheduling of Appointments

A client calling your law firm on behalf of a person in jail may be unable to schedule an appointment with your firm during the regular working hours. Therefore a call service may promote your firm by connecting and scheduling appointments with busy clients. Additionally, the service will provide appointment reminders to avoid no shows. By reminding the clients, they will feel recognized and respected by your law firm. Notably, if the client decides to skip the appointment day due to his/her issues, the service will help reschedule the appointments.

• Taking Messages and Redirecting The Clients To The Respective Departments

Most clients hate automated services, especially voicemail messages, because the clients sometimes require a lawyer urgently. However, once the clients make a call and a live person answers them, they will probably feel well and leave their message. For instance, when a client calls your office after the normal working hours and has an option to leave their message with someone they know will follow up their issues, they will most likely leave their message. Even when your staff team is very hardworking, they won’t work full time. However, partnering with a call answering service, they will professionally be available 24/7 and keep your firm in touch with your clients.

• Giving New Clients Direction of Your Criminal Defense Law Firm

A client may be late or miss an appointment just because they don’t know the position of your law firm. However, answering agents will provide the clients with the exact direction of the law firm and answer their questions if they are in doubt. Additionally, the agents will provide help once the clients are stuck on the way.

The Call Service Will Do Things Your Way

Do you want to run your law firm uniquely? Ok, the answering service will do that or your law firm. The agents at the answering service perform their duties under your firm’s orders. For instance, if you want the agents to incorporate specific terms about your criminal defense firm, they will do so. Additionally, if you want the agents to skip particular phrases, they will skip. Notably, the call service is flexible and will follow your guidelines. Therefore the professional answering service won’t stick to their way of doing things. They will quickly adapt to your methods. Your law firm’s greeting method will be incorporated accordingly.

Keep Your Law Firm Competitive

As a law firm owner, you should expect competition from both new and established law firms. Sometimes you will have limited time to link up with the clients looking for your services urgently. Most clients will link up with criminal defense law firms with professionals, organized, reliable, and focused on handling their issues. Does your law firm meet those features? One of the tips to make your law firm responsive, reliable, and stay competitive is partnering with an legal answering service. The service will be beneficial in achieving the goals of your law firm. The calling clients will receive immediate attention and be served to satisfaction.

Final Thought

Hiring a professional call answering service for your criminal defense firm will link your firm with the clients even after normal working hours. The clients will enjoy quality services anytime, anywhere. You will record positive feedback from the clients and maintain them. With client satisfaction, your facility will be marketed with client satisfaction and make it sound established even when it is a new law firm. If you are managing a criminal defense firm and experiencing problems managing the client’s call, make a quick step of partnering with a call answering service and saving your law firm from drowning.

As you know, law enforcement officers are strict on cases related to driving under the influence (DUI) because it is the leading cause of most fatal road accidents. Therefore, when law enforcement officers point out your car to pull over at a DUI checkpoint, you should know what to do to preserve your legal rights and increase your chances of fighting any probable DUI charge.

Your interaction with the officers can determine if they will arrest you or will proceed with your journey. A stop at a DUI checkpoint does not have come down to an arrest, even if you perform poorly on the sobriety tests. This article discusses reliable tips on what you do when you are pulled over for a DUI investigation at a sobriety checkpoint on the road for the best possible outcome.

What to Do When You Are Pulled Over for a DUI Investigation at a Sobriety Checkpoint

While sobriety or DUI checkpoints are very helpful in curbing road accidents which occur almost every day due to driving under the influence (DUI) of alcohol and other illegal drugs, sometimes police can violate your rights, leading to a wrongful arrest. Typically, police at the DUI checkpoint will signal your vehicle to pull over after a reasonable suspicion that you might be DUI.

Police do not need probable cause to signal your vehicle to pull over for a DUI investigation at a sobriety checkpoint. As long as a police officer has a reasonable suspicion that you were DUI, for example, by swerving or by making an illegal left turn, he/she will point out your vehicle to pull over for a brief investigation.

Failure of the law enforcement officers to follow the proper legal steps for setting up a DUI checkpoint and stopping potential suspects who might be DUI can make it unconstitutional, making any evidence against you inadmissible in court.

Although you can challenge your stop at the DUI checkpoint later, you should know your constitutional rights during the investigation to avoid being another victim of police misconduct. Here is what to do to stay on the safe side of the law when the police officers at the DUI checkpoint signals your vehicle to pull over for investigation:

Pull Over in a Safe Place Along the Side of the Road

Remember, DUI investigation starts immediately when the police signal your vehicle to pull over at a DUI checkpoint. Therefore, as you pull over, you should do so carefully and safely to show them you are a careful and cautious driver. If you slow down abruptly as you park your vehicle or you happen to park it in an unsafe location, the police officer will note this in his/her report to show you were impaired.

Have Your Essential Documents Ready and be Polite as You Talk to the Officer

Stay in the car and ensure you have your essential documents in an accessible place before the officer comes to your vehicle, including your driving license, vehicle registration, and insurance. Once you pull over, you should make the police officer believe that you are sincere and respectful by answering all his/her questions politely.

If you are hostile or rude to the officer, the more he/she is likely to believe that you are drunk driving and arrest you.

If Possible, Do Not Answer any Questions

The more you talk to police officers investigating you at a DUI checkpoint, the more likely you will provide incriminating statements that they might use against you. The police officer who will be questioning you will be keen to note if you are displaying objective signs of intoxication like slurred speech, watery or red eyes.

Even if you had one or two bottles of beer, it is advisable not to answer any police officer’s question concerning drunk driving or who you were with, or where you were. Remember, you have a legal right to refrain from answering tricky questions from the police officers at a DUI checkpoint according to the Fifth Amendment of the Constitution.

Perform the Required Sobriety Tests

When the officer reasonably suspects that you were drunk driving, he/she will ask you to step out of the car. As you come out of your car, you should avoid using its door or other parts of the car to support yourself because that is an indicator of alcohol impairment under the officer’s eyes.

Once you are out of your car, the officer will want to determine whether his/her suspicions about you driving under the influence are true or not by requesting you to perform the following two types of sobriety tests:

1. Preliminary Alcohol Screening (PAS) Tests

The most common and first step the officer will take to determine if you were drunk driving is to blow a breathalyzer, also known as the PAS test. A breathalyzer is a portable device that detects alcohol in your breath vapor once you blow it.

Although a breathalyzer test enables the officer to estimate the level of your blood to the alcohol content (BAC), it is not as accurate as he/she may want you to believe. A breathalyzer test is prone to errors compared to blood or breath tests at the police station, which happen if you are under arrest.

The purpose of the breathalyzer test is to assess whether there is a probable cause to initiate a DUI arrest, depending on your level of impairment.

2. Field Sobriety Tests (FSTs)

After taking a PAS test, the officer may require you to perform field sobriety tests to find more evidence against you. To physically and mentally determine your level of impairment, the officer will ask you to perform a series of field sobriety tests.

The officers will consider the poor performance of the following standard field sobriety tests as a sign of impairment and a probable cause to arrest you:

• One-leg stand
• Walk and turn
• Horizontal gaze nystagmus

Even a sober and cautious driver can perform poorly on the above standard FSTs because of an underlying medical condition, poor balance, or poor vision if it happens at night. Therefore, you can politely decline to perform FSTs because there is no correlation between your performance on these field tests and alcohol impairment.

You don’t have to perform any of the above sobriety tests at a DUI checkpoint, and the officer will not force you to do so. However, if the officer finds probable cause to arrest you, he/she will do so, and you might spend the night in police custody.

Submit a Chemical Test

Following an arrest, the officer will require you to submit a chemical test of your blood, urine, or breath at the station. You must cooperate with the officers once you are under arrest and submit the required chemical test samples for further analysis by a qualified lab expert to determine if you were DUI of alcohol or any other illegal drugs.

Under implied consent laws, refusing to submit your chemical test when you are lawfully under arrest for DUI can make you subject to negative consequences, which include:

• A longer time at the DUI school
• Suspension of driving license
• Longer jail term if the court finds you guilty of the offense
• Installation of Ignition Interlock Device (IID) in your vehicle

Talk to a DUI Defense Attorney

After an arrest and booking process for an alleged DUI charge, you should consider contacting a DUI defense attorney if you haven’t already. It is wise to have a competent attorney by your side during these tricky moments for legal counsel and representation because the possible penalties of a DUI charge are harsh and unbearable.

Possible penalties of a DUI conviction will increase if there are aggravating factors surrounding your case, like a passenger under 14 in the vehicle, prior DUI conviction record. Your attorney will fight for your rights and best interests as your case continues to achieve the best desirable outcome. Therefore, you may want to consider the following factors when searching for a reliable DUI defense attorney:

• Location
• Experience
• Cost
• Reputation
• Availability

Remember to inform your attorney of the experience you’ve had with the police officers since your encounter with them at the DUI checkpoint. The information you will discuss with your attorney will aid him/her in preparing and building defense arguments to counter DUI charges against you.

Remember to Attend the DMV hearing

After an arrest and booking process, the officers will also confiscate your driving license and give you a temporary pink driving license. Typically, the Department of Motor Vehicle (DMV) will suspend your driving license after thirty days if you have this temporary license unless you schedule a DMV hearing within ten days following your arrest date to fight for your rights to retain the license.

For a first-time DUI offense, the DMV may suspend your driving license for four months. However, for a second DUI charge, the DMV may suspend your license for up to one year, which is a long time without your driving privileges. You don’t have to attend this administrative hearing if you have an attorney because he/she can do so on your behalf.

Possible DUI Charges You Could be Subject to When You are Pulled Over for a DUI Investigation at a Sobriety Checkpoint

Depending on your specific DUI case circumstances and facts, you could face any of the following possible DUI charges under the law:

A Violation of Vehicle Code 23152(a) (Drunk Driving)

According to Vehicle Code 23152(a), it is generally unlawful to DUI of alcohol regardless of your BAC level. To secure a DUI conviction against you, the prosecutor must prove to the jury beyond a reasonable doubt that you didn’t have the mental and physical ability to drive like a cautious driver using circumstantial pieces of evidence like:

• You had a smell of alcohol
• You were driving erratically or swerving
• Your performance on FSTs was poor
• You had bloodshot, red, or watery eyes

If there are no aggravating factors in your drunk driving case like an accident, you will be subject to the following possible penalties for a first-time DUI charge:

• A maximum of six months jail term
• Informal probation for three to five years
• A fine not exceeding $390-$1000
• Suspension of your driving license for six months
• Attend a DUI school for a term of 3 to 9 months, depending on your BAC level

Note, the above penalties will become severe with every subsequent DUI conviction on your record. For instance, if it is your third DUI conviction, you will be subject to a DUI school for 30 months and a suspension of your driving license for up to three years. Your attorney can raise the following legal defenses during your trial to counter this DUI charge for the best possible result:

1. The Defendant’s Driving Was Not Due to Alcohol Impairment

One way of convincing the court that you weren’t drunk driving is by countering the prosecutor’s circumstantial evidence from the officers who were arresting you. The court will consider this defense argument reasonable if the following is true:

• You had an emergency
• There was momentum distraction as you were driving
• You had fatigue
• Your vehicle had mechanical problems

2. Your Performance of Field Sobriety Tests is not Due to Alcohol Impairment

Several issues that are not related to alcohol impairment can make even a sober, cautious driver perform poorly on FSTs. For instance, a sober driver can perform poorly on the typical walk and turn test at the DUI checkpoint due to the following reasons:

• Poor terrain
• Poor lighting
• Anxiety and nerves
• Medical conditions
• Uncomfortable shoes

3. Police Misconduct

If the arresting officers didn’t follow the right and required legal procedures for setting the DUI checkpoint or arresting you, the court might dismiss the DUI case against you. Below are few examples of police misconduct or mistakes:

• Coercing or forcing a confession
• Pointing out your vehicle to pull over without reasonable suspicion for doing so
• Administering the FSTs improperly or incorrectly
• Failing to read or inform you of your Miranda rights
• Collecting and storing your blood samples improperly
• Arresting without a probable cause

Even if it is evident that you were drunk driving according to the prosecutor’s evidence, your attorney can raise doubt on his/her DUI case against you if the above facts are true beyond a reasonable doubt.

A Violation of Vehicle Code 23152 (b)

You violate Vehicle Code (VC)23152(b) when you DUI of alcohol with a BAC of 0.08% or above, and the offense is chargeable as a misdemeanor. Even if you didn’t display signs of impairment, the prosecutor could still file a DUI charge against you for violating VC 23152(b) as long as your BAC is 0.08% or greater and you were driving a vehicle.

Note, even if you were drunk driving against VC 23152(a) and DUI of alcohol exceeding 0.08% simultaneously, the prosecutor cannot file both DUI charges against you under the law. Possible penalties you could face for violating VC 23152(b) as a first-time offender are similar to penalties mentioned above for drunk driving against VC 23152(a).

In addition to the above mentioned legal defenses for countering a DUI charge under VC 23152(a), your attorney can raise the following legal defenses to counter a DUI charge against you for violating VC 23152(b):

1. Your BAC Level Was Below 0.08% At the Time You Were Driving

After drinking an alcoholic drink, the alcohol may take some time to absorb into the bloodstream, depending on a person. Therefore, if you had a bottle of alcohol and it was absorbing into the bloodstream at the time you were driving, your BAC level may rise to unlawful levels when the officer takes your breath or blood sample two hours later at the station.

In that case, it would be wise and reasonable to argue that your BAC level was below 0.08% at the time you were driving before your stop at the DUI checkpoint. This defense could work out in your favor to dismiss or reduce this DUI charge against you to an alternative less severe charge like wet reckless under Vehicle Code (VC) 23103, which carries less severe consequences.

2. Your Breath Tests Results Were Erroneous

Your BAC reading or results in the breathalyzer are prone to errors due to many reasons. A competent attorney can argue that your BAC results from the breathalyzer were not accurate due to mouth alcohol arising from:

• Dental work
• Regurgitation
• Mouthwash
• Belching or burping
• Acid reflux

Your attorney can summon a reliable medical expert to prove this DUI defense argument by showing other reasons, like the one mentioned above was the cause of your high BAC readings.

3. There Was a Compromise of the Chemical Testing Equipment

If the arresting officers violate Title 17 of the Code of Regulations that defines rules for conducting DUI breath and blood tests, the test result might be erroneous. Your defense attorney might be able to convince the jury to drop the DUI case against you if the arresting officers didn’t follow the proper procedures and standards for:

• Equipment maintenance and operation
• Collection and storage of your blood/breath samples

Knowing ahead of time what to do when police signal your car to pull over for DUI investigation is vital to achieving the best possible outcome when that happens to you because DUI checkpoints are everywhere nowadays.

Find a DUI Defense Attorney Near ME

We invite you to contact reliable and aggressive DUI defense attorneys at Leah Legal for legal guidance on what to do when you are pulled over for a DUI investigation at a sobriety checkpoint. Not only will we offer you legal advice, but we also represent you through every court proceeding to fight for your interests and legal rights for a desirable outcome.

Call us now at 818-484-1100 to schedule your initial consultation with our experienced DUI defense attorneys.

It is cumbersome and complicated to navigate the California criminal justice system, especially when you are accused of committing a crime. If you don’t have law knowledge, you may not know the steps you need to represent yourself in court. Seeking legal guidance is a crucial step when dealing with the justice system. 

Having legal representation goes far beyond advocating for your interests in the courtroom. You want to ensure that your attorney is a person who can walk you through the entire and complicated legal process. Your choice of a defense attorney could make a difference between serving time in prison and having your charges dismissed. Selecting the right defense attorney is crucial in protecting your rights and ensuring a positive outcome in your criminal case. Following are some qualities you need to look out for in a defense attorney:

Many Years of Experience

The amount of experience a lawyer has is one of the most crucial aspects you need to look out for when hiring a defense attorney. Every lawyer begins as a new lawyer with education and credentials but lacking experience. With every case that an attorney handles, they gain more experience in their practice area. Most new lawyers often handle minor court cases, and with more experience, they can handle more complex cases. When handling your case, an experienced defense lawyer is likely to make fewer mistakes and knows the possible angles to approach your case and ensure the best outcome.

Experience allows an attorney to acquire skills that they did not gain in school, including:

• Picking a suitable jury for the case.
• Cross-examining witnesses.
• Finding fault and casting doubts in prosecutors’ evidence and witness testimonies.
• Persuading the judge to rule in your favor, including lowering or dismissing your charges.
• Making a compelling argument in court and to the jury at trial.

Additionally, your prospective attorney’s certifications could speak volumes of their knowledge based on your case. For example, some lawyers have certificates in litigation, criminal law, among others that indicate their specialties. If you have a minor case, any competent attorney could handle it. However, if you have a severe case with possible life-changing consequences, it is wise to find a lawyer with extensive experience.

Specialization in the Criminal Charges You are Fighting

Finding the right defense to guide you through a legal matter is not easy. The attorney who helps you recover compensation in a personal injury attorney may not be necessarily suitable in helping you fight murder charges. Some lawyers may do a little of everything when matters are not urgent. If your case is severe, you may need to contact a lawyer who limits their practice to a specific direction.

A specialized lawyer in a specific field of expertise has the knowledge and skills that general practice lawyers may not possess. Some of the specializations may include Domestic crimes, theft crimes, DUI, among others. It is essential to hire an attorney who regularly defends individuals facing the kind of criminal charges you face. This will help you be more comfortable with the possible outcome of your case.

If you are eligible, the court could grant you a public defender. Even though these defenders have more experience in different matters, they may not be as good as a private attorney whose specialization lies in one defense field. Therefore, whether you accept a court-appointed attorney or hire a private legal representative, you should consider the concentration of the attorney.

Positive Reviews from Legal Websites

An easy way to check if a defense attorney is worthy of representing you is by checking reviews. Most legal websites have customer reviews displayed on the front page, but these are often positive reviews. You can have a good idea of the services provided by a particular lawyer or law firm by checking more common reviews from sites such as Google. Lawyers do not control the source of reviews put on some of these websites. Therefore, it is likely that you will receive an honest opinion.

A reasonable attorney is one whose reviews fit what you are looking for as a defense in your case. It is essential to remember some of the high rates may be skewed. Therefore, you should consider the attorneys with four-star and three-star ratings. However, it is crucial to understand that there is no guarantee that a particular lawyer will give you your desired result.

Attorney’s Integrity

Most people have a perception that lawyers are often shady and dishonest. Even though some lawyers fit the stereotype, most lawyers are hardworking and dedicated to their jobs. Having a legal representative whose practice is governed by strong moral principles is essential when hiring a defense lawyer. A defense lawyer is supposed to defend your rights in the case and make favorable decisions for you.

A good lawyer might be aggressive and tough in negotiations, but they should always work towards the outcome you need for your case. A good lawyer will be honest in their dealings since your reviews could help them acquire other clients. 

Aggressive When Fighting for Your Rights

When formulating and presenting a legal defense before the judge, aggressiveness is necessary. When used at the right time, being aggressive can make a difference in the outcome of your case. A good defense attorney should be aggressive in gathering relevant information and presenting it to ensure the best outcome for you.

Affordable Attorney Services

Hiring an expensive lawyer does not always guarantee the success of your defense in the case. However, you need to hire a competent defense attorney whose fee does not exceed your budget. Often criminal cases come as a surprise. Therefore, the funds to cater for a defense attorney are not always anticipated. When hiring a defense attorney, it is vital to learn how the fees work. If a lawyer quotes an amount too low, it would be wise to acquire more information about their qualifications and experience.

Since the cost of private defense varies, it is best to understand the factors that affect the price. Most attorneys charge for their services based on factors such as their experience, case complexity, and the nature of your charges, among other factors. Some lawyers will not explain how they calculate the legal fees for their services. Therefore, you may end up paying more than you agreed.

You can contact several attorneys and compare prices before settling with one. Before hiring a defense attorney, ensure a written agreement spells out the terms of the contract and indicates the costs of defense services. This will ensure that you do not pay extra.

Good Communication Skills

Clients often spend a significant amount of time with their lawyers. If your case goes to trial, you may spend many hours with your lawyer preparing for the case. You would not want to spend your time with someone who does not listen to you. Clients and lawyers need to communicate with their defense attorneys for a successful case. A good lawyer will want to understand your side of the events and know the outcome you expect for the case.

Telling your side of the story is crucial in evaluating your case. A reasonable attorney will ask you to put your facts together and explain in detail the events that led to your arrest and the alleged charges. Your attorney will need to learn about your social background, which can be a key in defending your case. Open communication with your lawyer helps them to build a strong defense based on the facts of your life and the case.

Your attorney should always inform you of the progress in your case. If there are motions they want to present in the pretrial phase, they must consult you and explain the importance of each step they take in the case. Respect, understanding are all part of good communication, and these traits should develop between you and your lawyer. Also, your lawyer should effectively communicate with other lawyers and prosecutors in negotiating the terms and conditions relating to your case. 

Before you hire a defense lawyer, you should interview a few and decide if they have desired communication skills. When you call an attorney or a law firm for the first time, they need to give you the contacts and email the lawyer who will be handling your case. This helps ensure that you can easily communicate with them when you need it.

Attorney’s Reputation

Lawyers are judged by their clients, their peers, and the judges. Over a long period of practice, a lawyer is likely to develop a reputation. If they have the time to handle your case, lawyers with a reputation for excellence would be the best choice for a competent defense. You can learn about an attorney’s reputation by seeking referrals from friends who have been in a similar situation. If your friends are happy with the representation from the particular attorney, you can schedule an appointment to chat with the attorney about your case. 

If you have dealt with an attorney for a different legal battle, you can ask them to refer you to a good defense attorney. The reputation of your attorney helps you keep your mind at ease, knowing that your situation is in the hands of an experienced individual.

Attorney’s Analytical Skills

A good defense lawyer should use their analytical skills to review your situation and develop the best course of action. Different lawyers may have different approaches in a case. Therefore, your choice of a lawyer could be significant in determining the fate of your case. Your lawyer must have the skills to analyze your situation from every angle. Also, they need to absorb all information provided to build a strong defense and ensure a favorable outcome in your case.

Often there are several approaches that your case could take. Some cases are dismissed after your attorney presents favorable pretrial motions. Some cases go to trial and are dismissed for lack of substantial evidence. Sometimes, you may need to accept a plea deal to avoid severe penalties. A competent attorney must review the facts of your case and advise you on the best approach to take for the case.

Skills in Dealing with People

Most lawyers have the knowledge and education required to defend a case. However, convincing a judge of your position requires an attorney with people skills. A good lawyer needs to be persuasive and personable with all the people involved in the case. In most criminal cases, your lawyer will work to create doubt in the evidence presented by the prosecutor against you.

Therefore, a lawyer with the right skills to deal with people can tactfully interview the witnesses and dispute all evidence presented against you. Knowing what you need from your attorney will ensure that you have the right person working on your defense.

Proper Research Skills

Criminal cases require extensive research and time. You do not need an attorney who will walk into the courtroom and use the general defenses. Since each case is different, you should look for an attorney with competent research skills. This will help ensure that every aspect of your case is considered and all avenues are explored.

Ability to Critically Judge Situations

The ability to come up with reasonable and logical conclusions from limited information is crucial in a defense attorney. Your defense attorney must consider arguments critically and anticipate the potential areas of weakens and formulate a defense from these weaknesses. Often a strong defense could arise from a simple statement made by the prosecution. A competent lawyer can critically judge the little information provided in court to develop a reasonable defense for your case.

Approachability of the Attorney

It would help if you considered how easy it is to reach a lawyer when you call their office for the first time. The response you received to your questions can also help you gauge your defense lawyer’s approachability. It may not be a good sign if you call a defense attorney and you receive an automated message requiring you to leave a message. Most situations that need a defense lawyer are often sensitive and urgent. You will want to speak to a live person and express your concern.

A good lawyer will carefully listen to your story and understand the situation at hand. The first impression you receive when you contact a potential defense attorney is always an indication of things to come. Facing criminal charges can be stressful and scary, especially when you imagine the potential consequences. Understanding and empathetic defense lawyer can help ease the emotional stress associated with these situations.

When hiring a lawyer, you need to check out if they are concerned about your welfare and family. They should also be conscious of minimizing the exposure of your case to third parties.

Knowledge and Connections in Local Courts

In every city and state, the legal community has a distinct structure. Attorneys know prosecutors, and every legal personnel knows presiding judges. If you are looking to hire a defense attorney in California, it makes sense that you want an established lawyer. Lawyers with connections and knowledge of the local court can persuade the prosecutor and judges to offer you favorable deals and outcomes of your case.

High Level of Confidentiality

Matters surrounding criminal cases and other legal situations are often sensitive. An arrest could trigger stigma from society and affect your social and professional life. A good attorney should be able to keep all details of your case confidential to help avoid too much insight from other parties. Some elements of a case you share with your attorney could be incriminating. Therefore confidentiality in these issues is critical.

Personal Qualities

After considering several attorneys and the crucial factors that go into ensuring the best-case outcome, you can choose a lawyer with the personal qualities of your liking. The characteristics you seek in a defense attorney may be specific to you. Therefore, you can select a legal representative you feel comfortable working with. You can decide to hire an attorney from a small or large firm. You can also choose to go for an attorney who works alone or a group of attorneys in a law firm. Determining whether a potential attorney has the qualities you hope to find, you can carry out several interviews and make the choice that suits your needs.

Find a Criminal Defense Attorney Near Me 

Hiring a criminal defense lawyer is essential when facing charges. Choosing a good lawyer is like choosing any product or service in the market. Your choice of a defense attorney can make a difference in your situation. It is best to research thoroughly to make an informed decision. If you or your loved one faces criminal charges, contact a competent lawyer. At Leah Legal, we offer competent legal guidance and representation in your criminal case. We serve clients facing charges in Van Nuys, CA. Call us today at 818-484-1100 to discuss the details of your case.

Surprisingly, not all criminal cases reach trial. Prosecutors might decide to dismiss some charges, especially when there is no or inadequate evidence to prosecute you. At times, the prosecution might decide to refrain from filing a charge at the preliminary hearing Some defendants also escape trial through pretrial motions like a motion to suppress. So, what makes all criminal cases fail to go to trial? What cases go to trial? And what circumstances can make a case go to trial? This article seeks to bring light to all these questions.

Factors that Reduce Chances for Criminal Cases to Going to Trial

A vast majority of legal cases never go to trial. Instead, the defendant usually agrees to plead guilty to a lesser charge than the one they would have gone to trial in a process known as a plea bargain.

Plea Bargains and How They Bar Criminal Cases from Going to Trial

A plea bargain is an agreement between a defendant and the prosecutor. The defendant agrees to a “no contest” or “nolo contendere “or pleads guilty in exchange for an agreement for the prosecutor to drop one or several charges. The prosecutor usually reduces the charges to a less serious offense or recommends judging a specific sentence acceptable to the defendant.

As many people are being arrested, prisons and jails continue to be more crowded. At the same time, prosecutors and judges alike feel an increased pressure to move their cases quickly through the judicial systems. Criminal trials usually take several days, weeks, months, or even years, while plea bargains take only a few minutes. Therefore, prosecutors find plea bargains the best option to reduce the judicial system’s burden.

For these reasons and others, plea bargains have become popular despite their many critics against them. More than 90% of convictions have come from negotiated pleas, meaning that only less than 10% of the criminal cases end up in trial. Although most people have seen plea bargains and sneaky forms of judicial agreement, both federal and state governments have formulated explicit rules that govern how to arrange and accept plea bargains in court.

Plea Bargains in California

The passing of California Proposition 8 in 1892 saw a significant change in how plea bargains are conducted in California. Under this Proposition, serious felonies like violent sex crimes, using a gun in particular offenses, and certain DUI offenses were banned from a plea bargain. However, three exceptions would make these restricted offenses go into a plea bargain. These exceptions include:

• Insufficient evidence to prove you are guilty.
• Lack of testimonies of a material witness.
• When reduction or dismissal would not lead to a substantial change in the sentence.

Sometimes cases can continue to be negotiated even when the exceptions provided above don’t apply. How so? This happens since the plea bargain restriction only applies when there is an indictment or changes of the charge information. Therefore, there is no restriction on bargaining before these two procedures.

The prosecutor and defense attorneys usually bargain during these stages. During these bargains, both sides might suffer if they don’t have enough information to make relevant offers and acceptance. In some cases, both parties might decide to negotiate a plea if their evidence is inadequate.

Charge and Sentence Plea Bargaining

Judges and lawyers usually divide plea bargains into two types. This includes sentence bargaining and charges bargaining. Sentencing bargaining is a plea bargain in which the prosecutor agrees to a lighter sentence for a specific allegation if the defendant pleads guilty or no contest to them. On the other hand, a charge bargain is a method where the prosecutor agrees to drop specific charges or reduce the charge to a less serious offense in exchange for a defendant’s plea bargain.

California Infractions and How They Reduce Chances of a Jury Trial

Another instance where a case cannot go to a jury trial is when charged with an infraction. Unlike felonies or misdemeanors, a defendant charged with an infraction only has to appear to court at a court-issued date. The date of the infraction citation is usually a due date on which the defendant must schedule an arraignment.

Defendants also have the chance of paying fines for the infraction online or schedule an arraignment date in court. An attorney would still appear on behalf of the defendant for all the court appearances. A defendant can enter a guilty plea, no contest, or guilty. The matter usually moves to trial in a not guilty plea, which should be held within forty-five days of the arraignment.

Please note, the only difference between a trial in an infraction and other trials in other types of offenses is that defendants aren’t entitled to a jury trial.

Motion to Suppress Evidence and How It Affects Cases Going to Trial

A motion to suppress evidence can bar an allegation from going to trial. Motion to suppress evidence is a form of pretrial motion that the defendant makes to exclude any illegally obtained evidence.

If the court rules in favor of the defendant, prosecutors cannot introduce the evidence in question during the trial. However, when the evidence is completely suppressed, the prosecutor will have nothing to present during the trial, meaning that they will either resolve into a plea bargain or have the court dismiss the case.  

Defendants can hold the motion to suppress evidence at the preliminary hearing or at a pretrial hearing held to address the motion specifically. The main goal of suppressing evidence through a pretrial motion is to exclude evidence obtained through illegal search and seizure. Penal Code 1538.5 describes illegal search and seizure as:

• A search that’s undertaken without a warrant or is unreasonable.
• A search that’s conducted without a sufficient warrant.
• A search that’s conducted whereas the property in question isn’t included in the warrant.
• A search that’s conducted without probable cause on the warrant.
• Violation of both federal and state constitutional search standards.
• A search that’s conducted in a manner that involves police misconduct.

Both the prosecution and the defendant must meet the required burden of proof during this motion. For a search warrant made without a warrant, it’s presumed it was unreasonable, meaning that the prosecution has the burden to show that the search was reasonable. For a search undertaken with a warrant, the court presumes that it’s legal, meaning that the defense has the burden to justify that the warrant wasn’t legal.  

Regardless of the side that must present evidence, it must prove the case by a “preponderance of the evidence.” 

Another thing that you need to understand is, you must demonstrate that you expected reasonable privacy in the place that was allegedly illegally searched.  Failure to meet this requirement will consider the search legal, which in turn doesn’t suppress the evidence as expected.

California laws exclude the following properties or places as places where you expect reasonable privacy:

• An abandoned place.
• A car that you’ve stolen.
• A car that you were riding but you didn’t own.

On the other hand, California laws include the following properties as places that you’d expect reasonable privacy:

• Your vehicle.
• Your home.
• Your cellphone’s content.
• A tent designed to keep you away from the public.
• The personal belonging that you’ve brought to school.

Pitchess Motion and How They Can Bar a Criminal Case from Advancing to Trial

A Pitchess Motion is a pretrial motion made by a defendant to inspect a law enforcement officer’s file as evidence of police misconduct. Defendants usually file a pitchess motion when they suspect that their arresting officer would have made a false police report filing or used excessive force.

You can use the pitchess motion to prove that the arresting officer committed misconduct against you. Examples of misconduct that you can file for include:

• Racially profiling
• Use of excessive force
• Lying in the police report
• Planting evidence

To prove these misconducts, you should access the officer’s personnel file to collect relevant evidence. The personnel files allow defendants to see whether the police officer committed some misconduct in the past. Proving any former misconduct shows that the officer is used to this, which is critical in dismissing any evidence collected by the officer.

California laws allow defendants to obtain relevant details from an officer personnel file through information request according to Senate Bill 1421 or by filing a Pitchess Motion.

Senate Bill (SB) 1421 allows specific types of police records to be open to public scrutiny. These records include:

• Records related to an incidence or investigation about an officer who shoots his or her gun at another person.
• Records related to an incidence or investigation about a police officer who uses force against another person resulting in significant bodily injury or death.
• Records related to an event showing a police officer’s engagement in sexual harassment.
• Records related to an event prove that the officer’s actions were dishonest.

In the last category, dishonest conducts may include any of the following:

• False statement.
• Falsifying evidence.
• Filing a false report.
• Destroying evidence.

Under SB 1421, the specific information that the defendant seeks to be released for public inspection include the following:

• Investigation report.
• Autopsy reports.
• Photographic and video evidence.
• Copies of the officer’s disciplinary records.
• Transcript or recorded interview.
• Recommended findings.

Alternatively, you can file a Pitchess Motion in court in the effort of raising doubts on the credibility of the information provided by your arresting officer. In California, the process of filing a Pitchess Motion entails three crucial elements. These elements include:

• Procedural filing steps.
• Showing “good cause.”
• “In camera hearing.”

Once you complete these steps, there are two possible outcomes that you would expect. These include granting the motion and disclosing the information or denial of the motion, which does not disclose the information.

If the judge grants the motion, he or she will provide the defendant with information of anyone who’d previously filed a complaint against the officer in question. The defense attorney will then contact these people and interview them about the facts representing them as potential witnesses.

Please note that if the judge orders disclosure of the information, but the agency holding the information doesn’t comply with the request, the charges against you must be dismissed. 

Unavailability of Witness or Lost Evidence

If there is no key witness available to testify in a criminal case or the prosecutor loses crucial physical evidence, he or she will have no choice but to dismiss your case since there is no enough evidence to prove that you’re guilty beyond a reasonable doubt. In some allegations, the presence of physical evidence is crucial. Therefore, without it, the prosecutor cannot prove his case.

Prosecutors might also lack physical evidence if the witness dies, disappears, or refuses to testify on the ground that the testimony might incriminate him. Some cases also rely on the ability of a witness to identify a defendant as a perpetrator. Without the identification, it might be challenging to convict someone, which might lead to a dismissal of the case by the prosecutor.

Your prosecutor might also dismiss your case before it goes to trial when you prove against how the police conducted a line-up to identify you as the perpetrator of the alleged crime. If the judge finds out that the police did the line-up improperly, he or she might not allow the witness to identify you at trial, meaning that the trial will probably not be held. 

Dismissal of Your Allegation Under the Prosecutor’s Discretion

Under rare circumstances, prosecutors might decide to dismiss charges when there are extenuating circumstances. For instance, a prosecutor can decide to dismiss a misdemeanor charge like loitering or trespassing if you have a clean record. There are questions about the process used to collect evidence. Prosecutors have the discretion to release allegations without prejudice. This means that they can re-file the case later if you pick up new charges or get into trouble within a specific period.

In very rare circumstances, a victim might request charges against a defendant to be dismissed, and the prosecutor might agree to do so. Normally, victims don’t have control over whether a particular criminal case should move forward, but they might make this decision under the prosecutor’s discretion. In these circumstances, the prosecutor might decide to dismiss a case if the victim’s testimony in court would lead to devastating emotional harm that has a long-term effect on him or her. This is common in sexual assault cases.

Supreme Court Provision on Mandatory Cases that Should Go to Trial

The right to trial by jury resides in Article three, Section 2 of the federal constitution. According to this right, judges must handle the trial of all crimes through a jury except for impeached cases. Also, under the Sixth Amendment, the accused should enjoy the right to a speedy and public trial conducted by an impartial jury.

However, the right isn’t as broad as it suggests, meaning that most defendants have to settle for a judge trial if there are high chances that they are guilty of a particular crime.

The Supreme Court suggests that jury-trial should only apply when serious offenses are at hand. Under this provision, serious offenses include those carrying a potential sentence that lasts for more than six months in prison. If the imprisonment lasts for six months or less, the crime becomes a serious one if the sum of its penalties is weighty.

Multiple Files and How They Affect Cases Going to Trial

Prosecutors regularly file more than one charge against defendants. So, what happens when there are multiple charges against a defendant when an individual carries six months or less but exceeds the six months when added together?

Unfortunately, the Supreme Court has held that jury trials cannot apply in circumstances when there are multiple filings against one defendant. Therefore, if the defendant has been charged with two allegations of obstructing the mail, each providing a maximum of six months, the Court still holds that this defendant cannot hold a jury trial.

Please note, the Supreme Court only determines what constitutes a serious offense, meaning that they only entitle the jury to set the minimum standard. This means that a jury trial should be held only when an offense is serious according to the Court’s standard. However, this does not restrict them from guaranteeing a ruling when crimes aren’t sufficiently serious as per the provision of the federal standard.

Find a Van Nuys Criminal Attorney Near Me

The chances of minimizing your case from going to trial are usually high. All you need to do is hire a professional attorney who can help you file a pretrial motion and ensure that your motion is granted. At Leah Legal, we have passionately helped clients facing criminal allegations in Van Nuys, CA, reduce the chances of having their allegations move to trial and its surrounding areas. From the day you’ll contact and hire us, we’ll prepare the best defense strategies to challenge the evidence presented in court by the prosecutor. For more information, contact us at 818-484-1100 and schedule an appointment with us.

Under California law, a drug crime can be charged as a misdemeanor or felony, depending on the circumstances of the case. The prosecutor considers several factors when determining whether to charge a drug crime as a felony or misdemeanor. A felony conviction is likely to lead to a prison sentence that could affect your life adversely. Therefore, you should contact an experienced criminal defense attorney immediately after the prosecutor convicts you of a drug crime. An attorney will help you fight the charges and possibly avoid a felony conviction.

Felony Drug Charges

Under California law, drugs fall under several categories, known as schedules. This classification is in line with the Federal Controlled Substances Act. The categorization classifies drugs based on their value against their potential for abuse and addiction. Schedule I drugs are the most harmful and dangerous drugs, and they include drugs like heroin. Schedule V drugs are the least harmful. Possession of marijuana for recreational use is legal under California law. However, Federal law classifies marijuana as a Schedule I controlled substance. Below are circumstances under which a person arrested for a drug crime may face felony instead of misdemeanor charges:

1. Type And Quantity Of The Drug

The types of charges the prosecutor files against the defendant will depend on the type, and the amount of drug the defendant possesses. For instance, if you have a dangerous drug like cocaine and heroin, you will automatically face felony charges.

The prosecutor will also consider the extent of drugs possessed. You are likely to face felony charges if you have large quantities of a controlled substance.

2. Possession for Personal Use or With Intent To Sell

Possessing a controlled substance for personal use could lead to misdemeanor charges, but possession of a drug for sale automatically leads to felony charges. The lawmakers consider the harm of each type of possession. If you possess a drug for personal use, you can only harm yourself with it. However, if you possess a drug for sale, you could supply it to other people and hurt them.

The Intent to Sell

The most crucial part in prosecuting a possession for sale charge is determining whether the defendant had the intent to sell drugs. You could face charges for possession of a drug for sale even if you did not intend to sell the drug personally. You could face charges even if you intended to have another person sell the drugs on your behalf. The jury could convict you of a lesser crime if the prosecutor shows that you possessed a drug but can’t prove that you had the intention to sell the drugs. A conviction for possession of a drug for personal use subjects you to less severe penalties and increases the likelihood of being subjected to a drug diversion program.

It is difficult for the prosecutor to prove intent to sell. While proving intent to sell, the prosecutor relies on circumstantial evidence that surrounds your case. The prosecutor will consider several factors while proving the intent to sell. They could also consult an expert witness like a narcotics officer to help determine whether the drugs were for sale. The factors that help distinguish possession for personal use from possession for sale are:

• The quantity of the controlled substance
• The packaging of the drug
• The presence or absence of drug paraphernalia
• Whether the defendant is under the influence

The prosecutor is likely to charge you with possession of a drug for sale if you possess a higher quantity of substance than the quantity an average person would consume. However, it isn’t easy to prove the intent to sell based purely on the extent of drugs the defendant has. For instance, if you are a habitual drug user, you may stock large quantities of a drug to ensure you don’t run out of supply. Therefore, having a large stock of drugs is not adequate evidence to prove possession for sale.

The most damaging evidence when determining intent to sell is the drug packaging. The prosecutor will assume that you intend to sell the drugs if the controlled substance is packaged in:

• Bundles
• Baggies
• Balloons
• Bindles
• Any other packaging related to drug sales

The law enforcement officers will assume that the drugs you possess are for sale if the packaging suggests. If the police find you with large quantities of drug packaging materials, they could assume that you sell drugs.

The presence of drug paraphernalia could make the prosecutor and the law enforcement officers assume that the drug is for personal use, thus helping you avoid felony charges. Drug paraphernalia may include syringes, pipes, and other instruments used to inject and ingest the drug. The presence of paraphernalia indicates that the drugs are for personal use. However, you could face felony charges if the police also find you with the following items:

• Measuring instruments
• Weighing scales
• Tools used in separating, diluting, and packaging drugs

The discovery of such items alongside the drug paraphernalia will strengthen the prosecutor’s evidence that you possessed the drugs for sale.

If you are intoxicated at the time of arrest, you are likely to face misdemeanor charges because the prosecutor will assume that you possessed the drugs for personal use rather than intending to sell them. However, this evidence may not be enough to prove that you did not intend to sell the drug because many drug dealers are also users. Therefore, the prosecutor will consider other factors that could indicate the intent to sell based on the current facts of the case.

3. The Presence of Aggravating Factors

If you are currently facing drug charges, you are already in a difficult spot. However, you could even be in worse shape if the drug crime involves certain persons or you committed it in certain places. The prosecutor may charge the defendant with a felony drug crime if several aggravating factors are present. The presence of aggravating factors could make a drug crime that would otherwise have been a misdemeanor a felony charge. The aggravating factors that could lead to felony drug crime charges are:

• Committing a drug crime in a school, near a school bus stop, or in a school bus
• You are a repeat offender with prior drug convictions
• Committing a drug crime in or near a particular public building, including housing units, swimming pools, or on public transportation
• Committing a crime near a drug treatment facility
• Committing a drug crime in the presence of a minor below 18 years

The worst and the most common aggravating factor in drug crimes is selling drugs to a person below 18years. Having a minor sell drug is also a severe aggravating factor that could increase your charges.

It is an aggravating factor to sell drugs in public places, including public schools, places of worship, public parks, and places where senior citizens are, including senior centers, assisted living facilities, and nursing homes.

When you commit a second or subsequent drug crime, you are likely to face felony drug charges. First-time drug offenders are likely to face misdemeanor charges. You will face a longer jail term if the court convicts you of purchasing or possessing a controlled substance for sale and you have a prior felony conviction for a different drug crime involving more than the mere personal use of a drug.

Aggravating Factors Possession Of a Drug For Sale

It is an aggravating factor to possess or purchase cocaine base with the intent to sell. The penalties for this crime include a jail time of three, four, or five years in county jail. The court may also impose a hefty fine of up to $20,000.

You will face additional punishment if the court convicts you of possessing a controlled substance for sale (Health and Safety Code 11351 HS) and the substance involved is heroin, cocaine, or cocaine base:

• If the substance is more than one kg in weight, three years additional jail time
• Five years if the substance is more than 4kg
• Ten years if the substance is more than 10kgs
• Fifteen years if the drugs weigh more than 20kgs
• Twenty years if the substance weighs more than 40kg
• Twenty-five additional years if the substance weighs more than 80kg

The Penalties For Felony Drug Crimes

The penalties for felony drug crimes are more severe than the penalties for misdemeanor drug crimes. The specific punishment for a crime will depend on the type of felony drug crime you commit:

Felony Possession Of a Drug

The California Health & Safety Code 11351HS outlines that it is a felony offense to possess certain controlled substances for sale. The controlled substances include heroin, cocaine, LSD, and prescription drugs like codeine, Vicodin, and Oxycontin. The prosecutor can prove that you possessed a drug for sale if you have large quantities of the drug. Other signs are if the drug is packaged in a manner that indicates you intend to sell it, you have lots of money, especially in small denominations, and the presence of weighing scales. The prosecutor may also prove that you sell drugs if many people come to your place and leave after a few minutes. These could be customers coming to purchase drugs.

The penalties for possession of a drug for sale are:

• Two, three, or four years jail time in a county jail
• A fine not exceeding $20,000

If you have an experienced criminal defense attorney, the attorney can help you negotiate for probation and jail time of up to one year in county jail. You will not be eligible for drug diversion after a conviction under HS 11351.

Felony Sale or Transportation Of a Controlled Substance

The California HS 11352 makes it a crime to sell or transport a controlled substance, including heroin, cocaine, LSD, and peyote. It is important to note that California HS 11352 doesn’t apply to the sale of meth, marijuana, and other specific categories of drugs. According to HS 11352, it is illegal to:

• Sell drugs
• Transport controlled substances with intent to sell them
• Furnish or administer drugs to other people
• Give away controlled substances
• Offer to do any of the acts outlined above

Before 2014, the transportation of controlled substances included taking a controlled substance somewhere for your personal use. However, after the amendment of HS 11352 by the California legislature, it is only a crime to move controlled substances from one place to another, intending to sell them.

The violation of HS11352 is a felony offense. The consequences for the crime include:

• A jail time of three to nine years
• A fine that does not exceed $20,000

However, the jail time and the maximum fine could significantly increase if you sell drugs to a minor or transport large quantities of certain drugs.

Operating or Maintaining a Drug House

According to the California Health and Safety Code 11366 HS, it is an offense to maintain or operate any place to give away or sell controlled substances. The crime of operation of a drug house is a wobbler, meaning the prosecutor could charge it as a felony or misdemeanor. The prosecutor must prove that you maintained or opened a place with the intent of selling, giving away, or allowing people to use controlled substances in that place.

A place could mean an apartment or a house. A motel room or a hotel room could also qualify as a drug house. You will only face charges for this offense if you open or maintain a drug house to provide other people with the opportunity to use drugs. You will not face charges if you maintain or open a place for your drug activity.

It is also important to note that you should sell or give away controlled substances repeatedly or continuously for you to face charges for opening a drug house. If the provision or the sale of a controlled substance was a one-time thing, you would not face charges.

If the court convicts you of felony operation of a drug house, the penalties are:

• Imprisonment of up to three years in a state prison in California
• A fine that doesn’t exceed $10,000

Other penalties may include the confiscation of the property where the drug house was based.

Felony Laundering of Drug Money in California

According to the California Health and Safety Code 11370.9 HS, it is a crime to launder unlawful drug sales proceeds. Laundering involves concealing or disguising the source of the funds. The prosecutor will have to prove that you acquired, received, or engaged in a transaction involving money or property derived from a controlled substance. The prosecutor must also prove that you disguised or concealed the money’s source, ownership, and control. It should be evident that the amount you laundered was more than $25,000 within 30 days.

If the court convicts you of a felony, the penalties will include:

• Imprisonment of up to four years in a state prison
• A fine of up to $250,000 or twice the laundered amount, whichever is higher

Fighting Felony Drug Crime Charges

With the help of an experienced criminal defense attorney, you can use several legal defenses to fight charges for various felony drug crimes under California law:

Illegal Search and Seizure

You can fight felony drug charges if the law enforcement officers subject you to an illegal search and seizure. For example, you could be a victim of an unlawful search and seizure if:

• The police search your property without a valid California search warrant
• The police exceed the scope of the search warrant
• The officers detain or search you unlawfully without a probable cause

Police Misconduct

Police misconduct is also a common defense for many felony drug charges. For instance, in the felony crime of sale or transportation of a controlled substance, you may cite police misconduct if the police:

• Plant evidence, which involves placing drugs on a person, their vehicle, or their apartment to enable them to make an arrest
• Lying about the location of a controlled substance — For example, the police may lie that they found the controlled substance in your bag or pocket, yet the substance was on the ground close to where you were standing.
• Lying about the probable cause that made them arrest you
• If the police use excessive force to obtain evidence from you or obtain a confession

Police Entrapment

You can use this defense if you feel that the law enforcement officers coerced or lured you into committing an offense. It is common for the police to harass, coerce, and entice innocent people, making them commit a crime. For an officer’s conduct to qualify as coercion, it should be more than an offer or a suggestion. The police should have lured or coerced you in a manner that is difficult for a reasonable person to refuse.

You Had No Knowledge of the Crime

Lack of knowledge is also a common defense in certain felony drug crimes like the sale and transportation of a controlled substance. While citing this defense, you can state that you didn’t know about the presence of a drug. You can also say that you did not know that the item you transported or sold was a controlled substance.

Find a Criminal Defense Attorney Near Me

A felony drug crime conviction comes with severe consequences, including mandatory jail time, hefty fines, and ineligibility for a drug diversion program. Contacting an experienced criminal defense attorney will reduce the chances of a felony conviction. An attorney will present a defense and mitigating factors that could make the prosecutor charge the crime as a misdemeanor. If you need reliable legal representation in Van Nuys, CA, Leah Legal can help. Contact us at 818-484-1100 and speak to one of our attorneys.

California categorizes different kinds of theft crimes based on severity, while the criminal statutes punish these crimes based on whether the offense is a felony or misdemeanor. For felonies, the prosecutor’s decision is dependent on the property or services’ value and the nature of the crime.

Sometimes, felony theft is called grand theft, but the definition is not always proper because the offense is also classified as a misdemeanor. Discussed below are the circumstances that make your theft crime a felony.

What Makes a Theft Offense a Felony?

Theft, otherwise referred to as larceny, is a crime that involves deliberately taking someone else’s property without their permission to deprive them of its benefits. Simply put, theft is an act of acquiring someone else’s property illegally.

Many people fail to understand that theft crimes have many categories, and you may be charged with grand theft, petty theft, embezzlement, robbery, burglary, shoplifting, and others. Whether the prosecutor will charge you with a felony depends on the kind of property, its value, your criminal history, and the facts of the case. Discussed below are factors that make a theft offense a felony.

1. Property Value

California statutes classify thefts in terms of the amount obtained illegally. PC 484 defines petty theft as deliberately acquiring another person’s property unlawfully when the property value is no more than $950. The offense is filed as a misdemeanor whose punishment includes incarceration for up to six months in jail, court fines, victim restitution, and probation.

On the other hand, grand theft is outlined under PC 487 as illegally acquiring someone else’s property when its value is not less than $950. The offense is a wobbler, meaning the prosecutor has the discretion to file misdemeanor or felony charges. From this definition, it is clear that if the stolen item’s value is $950 or greater, then the stolen item’s value makes the theft a felony.

You can end up with grand theft charges in many ways. These are:

Grand Theft by Larceny

Larceny occurs when:

• You take possession of a tangible property belonging to another party
• You lack consent from the owner to take the property
• You take someone else’s property to deprive the holder of its use indelibly, take it for a prolonged duration from the owner to deny them its enjoyment or service, and move the property regardless of the distance and keep it for a particular duration.

Keep in mind that even simple shoplifting can result in grand theft by larceny charges if the stolen commodity’s value amounts to $950 or more.

Grand Theft by False Pretense

Theft by false pretenses is outlined under PC 532 as doing the following:

• Deliberately deceiving another party by saying something untrue
• You lied to make the individual let you have their property
• The individual relied on the false pretense to pass on possession or ownership

False pretense isn’t as apparent as you might assume. For the element to be present in your case, the prosecutor must demonstrate that you had plans of deceiving another party and you:

• Said something you knew was a lie
• Recklessly argue something as a fact while you don’t believe so
• Refuse to furnish details that you should have provided
• Promise something you don’t plan on fulfilling

Another crucial element that must be proven during these charges is that the victim of your actions relied on the false information to hand over their property. Although it might not be the only reason for the owner of the property to give it away, it needs to be clear that the victim relied on false pretenses.

The evidence required to charge you with this offense include:

• False token or writing
• Testimonies from not less than two witnesses
• Testimony from one witness plus additional evidence
• Writing which presents the false statement with your handwriting or signature

If you look at other ways that grand theft occurs, you will realize that there are more requirements under false pretenses before ending up with a conviction. This is because it is easy for an individual to falsely accuse you of having false pretenses to obtain their property after willingly handing over its ownership to you but later changing their mind.

The law recognizes the chances of false accusations in these cases, so they try to guard you and other defendants against these accusations by requiring testimonies from at least one witness.

Grand Theft By Trick

Grand theft by trick is a form of theft that occurs:

• When you obtain someone else’s property while fully aware, it belongs to them.
• When you utilize deceit to convince the owner to relinquish its ownership
• When taking the property, you planned to permanently deny the holder of its use or take it with you for long enough to deprive them of its value or benefit.
• You held on to the commodity for a specific duration regardless of how brief it is
• The holder of the item had no intention of transferring property ownership.

Note that although grand theft by false pretenses and grand theft by trick might look alike, the two are different because, under false pretenses, the victim lets you have control and ownership. On the other hand, grand theft by trick pushes the idea of someone handing over control of their property to you, but without the intention of transferring ownership.

Theft By Embezzlement

Embezzlement occurs when someone has entrusted you with a particular property and put you in a trust position on the property. Still, you decided to use the property for personal gains with the plans to deny the holder of its benefits for a particular duration or permanently. Even if you planned on returning the property after some time, theft by embezzlement charges would still hold in court.

You could be subject to felony theft when the property value is $950 or more. Anything less than this amount is petty theft and often charged as a misdemeanor. However, although it’s common for petty theft to be charged as a misdemeanor, sometimes the charges are deemed felonious based on the type of property stolen and not the property’s value.

If you end up with a conviction for felony grand theft, you will face up to thirty-six months in jail and court fines not exceeding $10,000. The judge might also impose three years of probation and require you to pay restitution.

2. The Type of Property Stolen

You might end up with felony theft charges even when the property’s value taken without the owner’s consent is $950 or less. California categorizes particular theft crimes based on the kind of property stolen. There are many cases when grand theft can be charged as a felony based on the sort of property in question. These include:

Grand Theft Auto (GTA)

California PC 487(d)(1) says that you will face GTA charges when you steal a car or any other vehicle with the plans to deprive the possessor of its benefits indelibly. It may include stealing a vehicle to flee a crime scene, stealing a car to strip its parts and sell them, or stealing a car to permanently deny the holder of its use, to abandon it later. Therefore, whenever the prosecuting party proves that:

• You stole someone’s car
• With plans to deny the holder of its use temporarily or indelibly
• Without the owner’s consent, and
• You move the car and retain it for some time; you will be subject to GTA penalties.

Similarly, if you:

• Trick another party to give you their automobile
• Steal a vehicle the owner entrusted you with
• Use false pretenses to acquire a car. These actions will make your offense categorized as a felony whose penalties are harsh.

Stealing a car makes the act of theft a felony whose penalties when sentences include 16 to 36 months in jail or court fines amounting to $10,000. However, if it’s your first offense, the offense is categorized as a misdemeanor.

Grand Theft Firearm

Your theft offense will be deemed a felony if you steal a firearm like a rifle or gun. Grand theft firearm is defined under PC 487(d)(2). Although you could face petty theft charges if the firearm’s value is $950 or less, the offense is like GTA. However, if the gun you have stolen is worth at least $950, you will face PC 487(d)(2) felony charges. The court will impose three years of county jail incarceration or ten thousand dollars in court fines during sentencing.

3. Criminal History

Your theft crime will become a felony if you are a repeat offender, even when the value property in question does not reach the felony standards. Offenses like petty theft are deemed as misdemeanors, but if you have a prior criminal record, the record makes the type of theft a wobbler, meaning you could face a felony or misdemeanor charge. A felony conviction for petty theft will attract up to three years in jail or $10,000 court fines.

If the offense you committed was supposed to be charged as misdemeanor grand theft, but it is discovered that you have a criminal history, the prosecution is likely to make the theft a felony.

4. The Degree of Theft

California differentiates particular crimes as misdemeanors or felonies based on the degree of the theft. Therefore, if you commit one of these crimes and belong to a felony degree, you will face felony charges. These crimes are:

California Burglary

California PC 459 is the statute that defines burglary as entering a residential or commercial structure with the plan to commit a felony when you make your way in. Note that even when you fail in achieving the felony once inside the facility or room, entering a room or building alone with plans to engage in criminal activity is enough to result in burglary charges. Further, one of the following elements must be true:

• The property you acquired illegally or planned on stealing was valued at $950 or more.
• The structure you gained access to wasn’t a commercial establishment
• The facility was a business establishment, but you entered it after operating hours

Burglary is classified as first-degree if it involves entering a residential structure, while second-degree burglary involves entering a commercial building to commit a felony. So, if you engage in a theft that involves entering a residential building, the theft crime becomes a felony. A residence, in this case, refers to an occupied house, hotel room, boat, trailer coach, or a room within an occupied structure.

Keep in mind that an inhabited or occupied structure means someone lives there. Therefore, even if the individual dwelling in the room were absent when entering to commit a felony, your theft crime would still be deemed a felony.

If the court finds you guilty of residential burglary, the penalties you will face include:

• Felony probation
• No more than six years imprisonment in a state prison
• Court fines not exceeding $10,000

Besides, you will add a strike on your record under the Three Strikes Law.

Similarly, your theft offense might become a felony if you commit second-degree or commercial burglary, despite it being a less severe crime than a residential burglary. Generally, a second-degree is a wobbler, and so, you could face felony or misdemeanor charges. The felony penalties for the second degree are lesser than those of the first-degree burglary, and they include:

• Formal probation
• As much as thirty-six months in jail
• A fine not exceeding ten thousand dollars

A misdemeanor sentence, on the other hand, attracts the following consequences:

• Summary probation
• No more than twelve months of jail custody
• As much as $1,000 in court fines

It’s worth noting that if you have a prior conviction for second-degree burglary that could qualify as shoplifting, you can apply for resentencing to face a misdemeanor shoplifting charge under Prop 47. However, to do this, you will need to work with an experienced criminal attorney.

California Robbery

Penal Code Sec. 211 defines robbery as taking another party’s property against their will, utilizing threats or force. The property in question can be in the victim’s immediate presence or person. The offense is a wobbler, and to earn a conviction, the prosecuting team must demonstrate the following elements:

• You took possession of another party’s property
• The property was already in possession or under the control of someone else
• You took the item from their person or within the victim’s reach or observation
• You took possession of the property against the owner’s will
• You utilized threats or force to take control of the property or to deter the victim from resisting.
• When making threats, you planned on denying the property holder of the item permanently or for a significant period, enough to dent them of the property’s benefits or use.

For the crime to be absolute, you must have used fear or physical force or obtained the item against the owner’s will.

Robbery is also categorized as first and second-degrees. First-degree robbery is a felony, and you will face these charges if the following is true:

• Your victim is a driver or occupant of a subway, taxi, or any other transportation for hire.
• The robbery occurs in an occupied structure or someone’s dwelling
• The theft occurs at an ATM or right after the victim leaves an ATM

If any of these elements are present in your case, your robbery case becomes a felony whose potential sentence includes:

• Formal probation
• As much as six years prison sentence
• A ten thousand dollar fine

You should understand that if you commit a robbery in the 1st-degree in an inhabited room with the help of at least two individuals, your sentence will be increased up to nine years.

On the other hand, second-degree robbery is also a felony, although the definition doesn’t meet the first-degree’s threshold. The penalties for the offense upon sentencing include formal probation, a $10,000 fine, and prison incarceration not exceeding five years.

If there are aggravating circumstances in your case, like inflicting great physical harm on the victim, you will be subject to subsequent and additional 36 to 72 months in prison. Where there is the use of firearms during the robbery, the sentence is significantly longer. In specific, the commission of robbery using a gun will result in:

• Ten years incarceration for personally using a firearm during a robbery
• Twenty years incarceration for using and firing a gun in person during a robbery
• Twenty-five to life incarceration for causing great bodily harm or death using a firearm in the commission of a robbery.

5. Manner of Theft

Your theft crime will become a felony based on the manner that it occurs. Robbery, for instance, is deemed a violent felony because it involves the use of threats or force to take another party’s property from their immediate presence.

Find an Experienced Criminal Defense Attorney Near Me

A felony sentence for theft in Van Nuys, CA, is severely punished, which is why you need an experienced attorney to contest the charges. Even a minor offense without a prior criminal record can destroy your future if you end up with a conviction because joining the military or acquiring a job will be almost impossible with the record. Luckily, a proficient attorney who understands the local felony theft statutes can provide quality legal representation. If you are charged with felony theft, contact Leah Legal today at 818-484-1100 for a free consultation.

In most instances, many criminal charges don’t go to trial because your attorney advises you as the defendant to take a plea bargain. But in some cases, the criminal lawyer might advise you not to accept a plea bargain but instead, go to trial. Many factors influence the decision to go to trial or agree to a plea bargain. These factors include the evidence the prosecution has gathered against you and the potential sentence you face if found guilty. Your attorney might advise you not to take any deal if the prosecution doesn’t have strong evidence against you.

If the attorney believes the evidence against you is weak or might receive a light sentence, they might advise you to go to trial instead of accepting a plea bargain.

In California, the court can charge you with different crimes, and the court process for each crime is very different. For example, if convicted of a misdemeanor, you will be sentenced to one year in county jail or fined up to $1000. But if convicted of a felony offense like armed robbery or murder, your sentence could include life imprisonment without parole or death.

Read on to understand why some cases go to trial.

Court Process In California

The first step starts with an arrest, and then the law enforcement officers book you. Next, the police investigate and gather evidence against you to determine whether there’s enough proof to charge you with a crime. If they don’t find anything incriminating or if all charges are dropped, then the prosecutor has no choice but to release you from custody unless ordered otherwise by the judge.

But if there’s sufficient evidence, the prosecutor will present your case to a grand jury. If the prosecutor believes they have enough evidence, they’ll ask for an indictment from the grand jury and request the court to hold you without bail while you await trial.

Reasons Why Your Attorney Might Advise You To Let Your Criminal Case Go To Trial

If you accept a plea bargain, you waive your right to appear before a grand jury.  On the other hand, trials allow your attorney more time to prepare your defense. The trial can also provide valuable insight into how jurors might see specific evidence.

The Prosecution Doesn’t Have Enough Evidence.

Your criminal case can go to trial if your attorneys decide to take your case to trial because it is their opinion the prosecution does not have enough evidence to warrant a conviction.

Your criminal case can go to trial if your attorneys decide to take your case to trial because it is their opinion the prosecution does not have enough evidence to warrant a conviction. This may seem like an easy decision, but in reality, it requires careful consideration by both you and your attorney.

Trials Provide The Opportunity For Sentencing Judges To Issue Sentences Outside Of The Statutory Range

Trials provide the opportunity for sentencing judges to issue sentences outside of the statutory range. This is a common misconception among those who think that trials are only necessary when there is overwhelming evidence or in cases with complicated circumstances. The truth is, sometimes it doesn’t matter how strong the case against you as a defendant, maybe if you haven’t been found guilty. Trials allow judges to consider all factors and decide whether or not they should go beyond what’s provided by law to ensure justice is served.

As earlier stated, it sometimes doesn’t matter how strong the case against you may be if you haven’t been found guilty. Trials allow judges to consider all factors and decide whether or not they should go beyond what’s provided by law to ensure justice is served. This means you could still receive probation if you have committed an offense, but the prosecution doesn’t have any evidence at all.

When you go for trial, the judge may decide to issue you probation instead of jail time if convicted, especially if you are a first-time offender. The court sentence will depend on whether you have any previous offenses and your current level of cooperation with law enforcement while awaiting trial status. If you meet one or more of these criteria, the judge may issue you probation instead of jail time if convicted.

An experienced attorney can help with this type of decision-making by pointing out what could happen in court and answering any questions about whether or not taking this particular route would be beneficial for you at that specific moment in your life. In addition, they can offer guidance because they know how sentencing works and the different types of sentences that the court could impose on you if it finds you guilty.

The attorney can use their experience to predict the kind of sentence the court will issue. For example, the judge can sentence you to home detention instead of jail time or probation rather than incarceration, depending upon the case specifics.

The Outcome Is Not Predetermined Like It Would Be In A Plea Bargain, And You Have More Control Over Your Fate By Choosing Trial

If you are facing criminal charges, you choose two options: trial or plea bargain. However, the many benefits of choosing a trial make it the better option for most people. The outcome is not predetermined as it would be in a plea bargain, and you have more control over your fate by choosing trial.

If you choose to take your case to trial, then the jury of peers will determine whether or not you are guilty. On the one hand, this may seem intimidating because a group of 12 people will ultimately decide on your fate with their verdict. But what many don’t realize is that when someone pleads out and enters a plea bargain, they agree to a predetermined sentence that the judge decides.

If you choose trial instead of pleading out and accepting punishment without seeing the evidence against you, you will be able to make your case in front of a jury. You can present witnesses like eyewitnesses, objects such as DNA or fingerprints, and other evidence to show that you didn’t commit the crime.

It is essential to have a trial because the jury needs to hear your side of the story and know you. The jury also has an opportunity to see how well you answer questions under pressure from challenging attorneys, which can help them decide if they are likely to believe what you say on other matters in court or not.

On the other hand, choosing trial instead of pleading out with a plea bargain gives you more control and can decide your future.

If you plead out with a plea bargain, then one of two things will happen: either you’ll be found guilty, or the case will be thrown out because there’s not enough evidence against you. If it is thrown out, this means that no charges can later be filed against you in the future. But if it is found that you are guilty, then there will be a predetermined sentence already set by the judge, and this may not be what’s best for your situation.

Plea bargaining can also impact other aspects of life like employment or housing because sometimes charges stay on someone’s record even after the case is over. So again, this can have a significant impact on your life because employers or landlords may not want to hire you or rent an apartment to someone with a criminal record.

A Jury Comprises Of Twelve People Will Determine Your Verdict Rather Than One Person

Your lawyer might decide to move to trial because twelve people will determine your verdict, rather than just a single judge.

Your lawyer might decide to move to trial because twelve people will determine your verdict. Rather than the trial being based on one person’s opinion, 12 people will have to agree that you were guilty of your crime before they can convict and sentence you.

For a jury in California, or anywhere else in the country, to find someone not guilty or innocent of their charges, all twelve jurors must be convinced beyond a reasonable doubt that you aren’t guilty. This is also known as “beyond any shadow of a doubt.”

If these many people are required to grant innocence, it’s easier for your lawyer to present evidence to show you are not guilty of the offense you are accused of committing. At trial, your attorney presents many witnesses and exhibits as needed to show that you are innocent of the charges against you. The presentation of many witnesses and exhibits is crucial since it will influence the decision of the jury.  Thanks to the evidence and exhibits, the jury will decide whether or not you committed this crime rather than allowing prosecutors or judges alone to make that decision.

As a result of their unique role in the courtroom and society at large as legal decision-makers, especially when they’re passing judgment, jurors have an obligation not only to consider all the evidence presented before them but also to be unbiased by outside influences or public opinion. It is up to each juror, in turn, to take on these responsibilities themselves while also striving for group consensus during deliberations.

They are chosen at random with no regard for their race, political affiliation, occupation, and any other such factors: a person’s criminal record may affect whether they can serve–but it does not necessarily dictate if they will do so! (This means that someone who has committed crimes like fraud cannot sit on your jury!)

Another Reason Why Your Case Can Go To Trial Is That You Receive The Benefits Of The US Constitution

Your lawyer might decide to take your case to trial because, according to the US constitution, you’re innocent until proven guilty, even if it’s been found that you committed the crime. The right to be tried in front of a jury and receive your day in court are both guaranteed by the U.S Constitution, and these rights cannot be revoked unless you have violated them before, that is if you have previously been accused of serious crimes.

These basic constitutional protections help ensure a fair trial by allowing your lawyer to present complicated evidence such as children’s testimony, DNA testing, and of course, eyewitness accounts.

Some cases go to trial because the prosecution does not have enough evidence. For example, in a rape case, if there is no DNA or other form of physical evidence and the allegation cannot be proven beyond a reasonable doubt, then it would make sense for you to take your chances on going to trial rather than pleading guilty.

Another reason some cases will go to trial is when they are based on eyewitness testimony alone, which can lead to them being overturned later due to new developments or investigations. A good example of this was in North Carolina, where a man served 30 years behind bars after being wrongfully convicted with eyewitness testimony and fingerprint evidence before his conviction was overturned by DNA testing.

If You’re Accused Of Committing Publicly Second Offense

The legal system’s goal for justice is to best serve all involved parties’ interests by examining an impartial process with fairness toward both sides as much as possible. It might also be prudent to use a bench trial when you appear on television before judges because they may make assumptions about your criminal record based on appearance alone, which could then skew them against you from the start. A bench trial is where you waive your right to a jury, and the judge alone listens and determines your case. The goal is that the judge, opposing counsel, and prosecutors will serve you justice as best as possible through an impartial process to understand that the true goal is to determine whether you are guilty or innocent based on evidence rather than appearance.

If you are accused of committing a publicly scorned offense like sex offenses, DUI, or other similar offenses, it’s better to have the judge determine the case. In such incidents, you waive a jury trial. The advantage of having the judge only try your case is that they will not be swayed by public opinion, and you can make some of the arguments that would have to be omitted in front of a jury.

It might also be prudent to use a bench trial when your appearance is such that your race, sexual orientation, or other such personal identifiers might prejudice the jury.

Call A Van Nuys Criminal Defense Lawyer Near Me

In California, some criminal cases go to trial. Sometimes, the defendant has a strong defense that they want to argue in person rather than accept a bargain plea. Other times, you might realize as a defendant that the prosecutor doesn’t have enough evidence. You become confident you have a chance at an acquittal by presenting your case before a jury of peers. Your lawyer might advise you to take the case to trial if you have a strong defense.

They may also advise you to go to trial if the prosecutor doesn’t have enough evidence. If you or your loved one is facing a criminal charge in Van Nuys, CA, it’s critical to employ the services of a qualified defense lawyer. Do you want to take your case to trial? Contact Leah Legal. At Leah Legal, we have highly experienced lawyers who will ensure you receive a very favorable outcome in your trial. You can reach us at 818-484-1100.

Under California law, offenses fall under three main categories. Felonies, misdemeanor, and infractions. A felony is an offense punishable with imprisonment in the state prison, death, or any other punishment imposed by the law. A felony offense could also be punishable by imprisonment in county jail, but this will depend on the facts of the case. Given that a felony conviction is a severe offense, many people often wonder whether it is possible to expunge a felony offense. Yes, it is possible to erase the sentence since a criminal attorney can negotiate to have the felony reduced to a misdemeanor.

A Common Misconception

A common misconception is that felony offenses cannot be expunged. If you have the proper legal representation, many felony offenses are reducible to misdemeanors. If the conviction resulted in probation and not actual imprisonment, it is possible to erase the case. However, it is essential to note that certain sexual offenses do not qualify for expungement.

The process of expunging a felony conviction could take between 10 and 16 weeks. The specific duration will vary depending on how old the conviction is, the court handling the case, and the case’s complexity. If a felony case is complex, the expungement process could take longer than the typical 6 to 10 weeks. A felony conviction will not be expunged by the mere passage of time. You have to file a petition for expungement to the court with the help of a criminal defense attorney.

Many Felony Offenses Are Wobblers

Many cases in California are not automatic felonies but wobblers. A case is a wobbler if the prosecutor has the discretion to charge the case as a felony or misdemeanor. An attorney can negotiate to have the case reduced to a misdemeanor and expunged from your record. Most theft cases in California are wobblers. If a case is an automatic felony, like most drug crimes, your attorney cannot negotiate to have the case charged as a misdemeanor. If you served time in state prison, it is not possible to expunge your felony conviction.

Before You Begin The Expungement Process

Before filing for expungement or dismissal of your felony case, it is crucial to understand what an expungement is, the benefits of expungement, and its limitations. As outlined by California law, an expungement is a legal procedure that diminishes or removes certain offenses. California PC 1203.4  outlines that if a defendant convicted of a felony or misdemeanor meets the prison sentencing and probation conditions, they may be eligible for expungement of their criminal records. When your felony conviction is expunged, your case is reopened, and your guilty verdict or guilty plea is set aside, and your criminal case is dismissed. According to PC 1203.4, an expungement will release you from all penalties and disabilities of the felony conviction.

What An Expungement Will Do For You

After an expungement of a felony conviction, you will no longer have to disclose the conviction when applying for a job. This could be extremely helpful in helping you secure meaningful employment because employers will not discriminate against you based on your criminal record. It is unlawful under California for any employer to discriminate against an employee based on expunged criminal convictions. After an expungement, the law requires employers to treat defendants as though they have not had any criminal conviction. An expungement could also help you gain professional licensure or join a professional organization. Through an expungement of your felony conviction, you can avoid deportation or other immigration consequences that could result from the felony conviction.

The Limitations Of Expungement Of Felony Convictions

There are several limitations of the expungement of your felony conviction. First, having your conviction expunged does not mean that the conviction will be entirely hidden from public view. According to California PC 29800, a felony with a firearm expungement will not restore your right to possess or own a gun. Finally, even after expungement, your felony conviction might still affect your driving privileges.

If the felony conviction had affected the defendant’s right to hold public office, the expungement of the conviction can’t restore this right. It is also important to note that if a felony conviction required you to register as a sex offender, expungement of the conviction wouldn’t relieve you from having to register as a sex offender. If you had registered as a sex offender, your registration remains available to the public even after the expungement of your felony crime.

The expungement of a conviction will not prevent the conviction from being used against you in future sentencing for any additional offenses you commit. An expunged felony conviction could still count as a strike under the California Three Strikes Laws. With the help of an attorney, you can resolve some of the limitations of an expungement through other legal means like the Governor’s Pardon and certificate of rehabilitation. You can be able to restore your firearm rights by having your felony conviction reduced to a misdemeanor.

How An Attorney Will Assist In The Expungement Of A Felony Conviction

Not everyone who has been convicted of a felony offense is eligible for an expungement. In addition, specific details of your case could affect the circumstances of your filing for an expungement. Therefore, it is essential to ensure that you are familiar with the facts of your case to help you determine whether you are eligible to have your criminal record expunged. An attorney will play the following roles during the expungement of your conviction.

Request For Copies Of Your Criminal Records

Your criminal records will include all the relevant information contained in the papers you received during your conviction. Additional documents can be obtained from the attorney who handled the initial case, your probation or parole officer, or the superior court where the conviction took place. Copies of your criminal records are also available at the California State Department of Justice Criminal Record Review Unit or Office of the Attorney General’s website.

You may have to pay a fee for the retrieval of your criminal records. The Department of Justice Criminal Record Review Unit charges a cost of $25. However, if you provide proof of income, you may be exempted from paying the retrieval fee. It could take several weeks for you to receive your criminal records.

Finding Out If You Are Eligible For Expungement

An attorney will also find out if you are eligible for the expungement of your criminal record. You are likely to qualify for an expungement if the following factors apply:

• You have a conviction for a felony or misdemeanor
• You aren’t facing any criminal charges at the time of applying for expungement
• You aren’t currently serving a sentence for a criminal offense
• You did not serve imprisonment in a California state prison
• You obtained an early termination of your probation or completed your probation
• You do not have any unpaid or outstanding court fines
• You successfully served and completed your sentencing and all its requirements. Requirements for sentencing may include community service alongside other programs
• You faced charges and conviction in a state court and not federal court
• It has been at least one year since your conviction if you did not receive probation
• You have a prior conviction for a felony offense, you served jail time in county jail, and it has been at least two years since completion of the sentencing
• You did not fulfill all the probation conditions, but you are not currently facing charges for another offense
• You were formerly a member of the U.S military, and you suffered trauma, injury, or other mental health problems as a result of your service in the military.

A felony must first be reduced to a misdemeanor for it to be expunged from your criminal record. A felony offense that qualifies for expungement is that which could have otherwise been a misdemeanor. These types of crimes are known as wobblers.

When You Are Not Eligible For Expungement

You may not be eligible for expungement of your felony conviction if any of the following factors apply:

• You faced conviction in a federal court
• You served time in a state prison in California
• You are currently facing charges for another criminal offense or serving probation or sentence for another criminal offense.
• You committed a sex crime that involves children.
• You are still serving probation, and you have not succeeded in having your probation terminated early.

An attorney will consider all the facts of your felony conviction to determine your eligibility for an expungement.

Gather All Details Of Your Conviction

An attorney will also gather all the necessary details of your conviction. For example, if you have multiple convictions, an attorney will find out the following:

• The case number
• If a verdict occurred
• If the defendant entered a plea and whether the plea was no contest or guilty
• The details of the defendant’s sentencing

An attorney will determine if the defendant was to serve some time in prison, the date of release and whether they were released on parole.

Determining The Status Of Probation

When determining whether you qualify for an expungement of your criminal conviction, an attorney will also determine your probation status. If the defendant is still serving probation, they must have the probation terminated before applying for an expungement. The defendant must file a petition in court to have the probation terminated. The termination of probation will depend on the court’s discretion. When determining whether to terminate a defendant’s probation, the court will hold a hearing and determine:

• The conviction and its degree of seriousness
• The defendant’s criminal record
• The defendant’s ability to get a job after probation termination
• Whether the defendant deserves to have their probation terminated, which mainly depend on how they behaved while on probation
• The defendant’s community ties and the people they support or the volunteer work they have done.

If the defendant violates the probation terms, they may still apply for expungement and attend a hearing to have the judge determine whether to terminate their probation.

The Process Of Expunging A Felony Conviction

Which steps do you need to take when seeking expungement of your felony conviction? Below are the steps that you should follow:

Hire An Attorney

If you hire an experienced attorney to represent you through the expungement process, you will succeed. You should hire an experienced attorney who has a thorough understanding of all aspects of California law. An attorney will help you complete all the requirements of your expungement application.

Obtaining And Completing The Relevant Forms

Your attorney will help you determine which forms you will need to complete the expungement process. If you intend to apply for expungement but have not yet completed your probation, you should first file a motion to terminate probation.

If the court denies your motion to terminate probation, you should file a petition for dismissal. You can obtain the petition for Dismissal form from your courthouse. If the form is not available, your attorney can help write your own.

If you seek to expunge a felony, the felony must first be reduced to a misdemeanor offense. If the crime is a wobbler, it can be reduced to a misdemeanor by petitioning the court. For other felonies, the defendant must fill the relevant forms to have the felony reduced to a misdemeanor. These forms are available at the courthouse, and if not, the defendant can draft their own with the help of an attorney. After the felony has been reduced to a misdemeanor, the defendant files a petition to dismiss a misdemeanor under PC 1203.4.

If you are applying for an expungement of several convictions, you must fill the relevant forms for every sentence. In addition, you may have to attach certain documents to the forms when submitting them to court. The documents include a written proof of your completion of community service and your character reference to help strengthen your petition for expungement of your felony conviction.

Filing For Expungement

You may file for expungement after you have completed all the necessary paperwork for your case. It will take between several weeks to several months to complete the expungement. The court hears cases in the order in which they were filed. You should submit the expungement forms in the court in the county where you were convicted.

The petitions to terminate probation and petitions to reduce a felony to a misdemeanor should be delivered or mailed to the clerk of the court. Depending on your county, you may submit a petition to the probation officer or district attorney. The process of filing a petition will vary from county to county and will also depend on the seriousness of your case. A felony petition fee will be higher than filing a petition to dismiss a misdemeanor petition. When you pay all the relevant fees, the court will set a date when your forms and petitions will be filed.

Meeting With An Attorney To Prepare For The Hearing

The other step involves meeting with your attorney to prepare for the hearing. You may or may not have to appear in court for the expungement hearing. During the expungement hearing, your attorney will raise your reasons for seeking an expungement. You should ensure that you are prepared to handle all questions that might arise. Your attorney will help you gather all the relevant evidence to your case and help you prepare a statement to present in court.

The Expungement Hearing

Expungement hearings are usually held before a judge, and there is no jury present. An expungement hearing proceeding will take around 10 minutes. Therefore, you should ensure that you are on time for the hearing and behave appropriately. The court will consider several factors when determining your eligibility for expungement at the hearing:

• The charges applicable
• Your parole status
• Whether you have additional convictions
• Whether you are capable of finding and holding a job
• Your community involvement and community service

When The Judge Accepts Your Petition

If the judge accepts your petition for expungement, you will receive a signed order from California’s superior court judge. It is important to note that the record may still be accessible by the public unless you have your criminal record sealed even after the expungement. After the expungement of your felony conviction, you will no longer have to answer yes when people ask you whether you have a criminal record. However, you have to disclose the criminal conviction even after expungement in the following instances:

• When applying for a state license
• When running for a public office
• If you intend to work in the California lottery commission

When The Court Denies Your Petition

If the judge denies your petition to expunge a felony conviction, you have a night to ask why the judge denied your petition. Then, you can re-file the petition six months after the petition is dismissed.

Alternatives To Expungement

You should not give up after finding out that you are not eligible for an expungement of your felony conviction. There are some additional methods of clearing your record that you can consider. The methods include:

• Having your records destroyed or sealed
• Obtaining a certificate of rehabilitation
• Receiving a direct pardon from the governor

If you seal your criminal conviction, all the arrest records, police records, and documents about your case will be destroyed. If you were wrongly arrested and not convicted of a crime, you could have your documents sealed. A certificate of rehabilitation is available seven years after your release from probation. A direct pardon from the governor relieves the defendant of all penalties associated with a conviction.

Find A Criminal Defense Attorney Near Me

If you are in Van Nuys, CA, have a felony conviction on your record, we invite you to contact Leah Legal. Our experienced attorneys will evaluate your case and determine if you qualify for expungement. Contact us at 818-484-1100 and speak to one of our attorneys.

If you face criminal charges in Van Nuys, CA, the judge could send you on probation in place or together with a jail/prison sentence. The judge’s decision is guided by the details of your case and your criminal history. For instance, you could receive misdemeanor probation on your conviction, whereby you are released back into your community but on strict conditions that could last a given period. You cannot violate probation conditions if you wish to remain free from incarceration.

Understanding misdemeanor probation and its conditions are crucial to avoid making mistakes that could cause your re-arrest and subsequent incarceration. In this article, we’ll discuss all there is about misdemeanor probation. For more information and legal help, you could contact a competent criminal attorney for support and help with your case.

Legal Explanation of Misdemeanor Probation

Probation refers to a criminal sentence whereby the judge releases convicts from confinement but puts them under court supervision. Sometimes the judge gives probation in place of jail or prison time, and other times the convict receives both in one sentence. Other times the judge suspends incarceration due to consistent good behavior and gives probation in its place. But it all depends on the nature of your charges and your criminal history.

In California, the criminal justice system gives two types of probation based on the nature of the underlying offense: misdemeanor and felony probation. Felony probation is mainly granted for felony cases.

Misdemeanor (or summary) probation is a substitute to incarceration, given mainly for misdemeanor cases. When you face conviction for a misdemeanor offense, the judge has total discretion to send you to jail, or probation, depending on the facts of your case.

During the probation period, the court will directly supervise you instead of placing you under the supervision of a probation officer. The judge will order you to periodically go back to court to provide progress reports and show that you have complied with the terms and conditions of probation.

Misdemeanor probations last for a maximum of 12 months in California, though sometimes it can be longer depending on the case’s specifics. During the probation period, you will be required to abide by specific probation conditions like attending counseling, participating in community service, and paying restitution to the victim or the victim’s family. The judge determines probation conditions, depending on the details of your case. Violating probation is a separate offense that could attract additional criminal penalties.

California misdemeanor probation could be somewhat complicated, especially for first-time offenders. Thus, it could make the legal process smoother for you if you engaged the help of an experienced criminal attorney. Your attorney will help you understand what probation entails, the terms and conditions, and help you make the right decisions that could be in favor of your case.

Misdemeanor probation comes with many benefits that you should be aware of if you face misdemeanor charges in Van Nuys, CA. For instance, probation allows you to work within your community. That is better than spending several months in incarceration. As you work to develop your community, you could earn money to support your family, which would not happen if you are in confinement.

If you have a significant problem like an alcohol or drug problem, or even domestic violence, probation offers you a chance to enjoy the support of your family and friends as you go through recovery. That could help you get over the probation permanently. You can also attend court-ordered programs to better your situation, like counseling and alcohol or drug-related programs.

More importantly, probation helps the state to cut down on the costs of managing convicted persons. Incarceration costs the taxpayer a lot more money than probation.

Who Receives Misdemeanor Probation?

Anyone who faces a misdemeanor charge in California is eligible for misdemeanor probation. Criminal court judges have total discretion in determining whether to incarcerate you after conviction or grant you probation. The goal of probation is to do one or more of the following:

• To protect members of the public
• To bring back the victim of the offense
• To rehabilitate the defendant and give them a second chance to correct their behavior.

In most cases, California courts will grant misdemeanor probation to juvenile and first-time adult offenders. However, even individuals with previous convictions could be placed on misdemeanor probation for various reasons. The judge first assesses your case and your situation to determine what you would do if the court granted you a second chance. Mostly, offenders who show remorse or a possibility to rectify their behavior are placed on probation under the supervision of the court.

Working with an experienced criminal attorney could impact the judge’s decision. For instance, your attorney could convince the court of your willingness to change and start life afresh to avoid a jail or prison sentence. A solid defense is necessary if you wish to avoid incarceration after conviction.

How To Get Misdemeanor Probation In the Place of Incarceration

When a judge finds you guilty of a misdemeanor offense, he/she can sentence you to jail time or probation. If you are a first-time offender, or the details of your case allow a lenient sentence, the judge will automatically grant you probation in the place of incarceration.

However, it doesn’t always work like this. Sometimes your attorney will have to strike a deal with the prosecutor as a plea bargain for you to plead guilty to the charges to be granted probation. That is one of the reasons why you need to work with a competent criminal attorney. A reliable attorney will only enter a plea bargain if they feel it’ll be in your best interest.

If the judge grants you probation with jail time, you’ll only stay in jail for a short period and not the maximum period the sentence requires for that offense.

Example: Joan is facing DUI charges for the second time in ten years. The prosecutor has compelling evidence against Joan. Therefore, her chances of having the court drop her DUI charges are slim. Joan’s only choice would be to enter a plea bargain with the prosecutor for probation in the place of jail time.

Joan’s maximum jail sentence will be for one year if the judge finds her guilty. But, her criminal lawyer successfully comes to an agreement with the prosecutor. Thus, she is placed on misdemeanor probation for three years and is only required to serve a maximum of 96 hours in jail.

You could receive a better deal if you work with a private criminal lawyer than a public defender. Personal lawyers have the resources and time needed to fight for the best possible outcome of their client’s cases. Your lawyer will have your best interests at heart at all times and will fight aggressively to protect your rights.

Note that probation goes on for a more extended period than the set jail time. Thus, some defendants opt to serve jail time for a much shorter period than with probation terms and conditions for so many months. For instance, spending six months in jail might seem like a better idea than five years on probation. Judges do not force probation on defendants who don’t want it. If you have nothing to lose by spending a few months behind bars, the judge will welcome the idea and only sentence you to incarceration.

However, it is possible to make an irrational decision when you are overwhelmed by the idea of a conviction. That is why you need the support of an experienced attorney to advise and help you make the right decision.

Misdemeanor Probation Terms and Conditions

The judge will not just release you back to your community without imposing some terms and conditions for your probation. Note that California judges have total discretion in designing probation conditions. However, they have to be guided by two main factors, namely:

• That misdemeanor conditions must be proper and fitting to ensure that justice is done in the end.
• The conditions must be logical and reasonable — They should be related to the underlying offense.

Some specific conditions are provided by law for particular offenses. For instance, if you face misdemeanor charges for domestic violence, you must successfully go through a batterer’s treatment program while on probation. Let us look at some of the most common summary probation conditions that could apply in your case:

• A mandatory requirement to pay court fines, court fees, and victim restitution where applicable
• You must participate in individual or group treatment or therapy — The type of individual or group therapy will depend on the underlying offense.
• You must complete treatment or therapy programs related to your charges — For instance, anger management treatment for violence-related offenses or drug/alcohol treatment for DUI-related violations.
• You must participate in community service/Caltrans roadside works
• The judge will require you to find gainful employment at least during the probation period— gainful employment will keep you out of trouble and keep you within the community where the court can monitor your progress
• You could be subjected to a restraining order, especially if the underlying offense is related to domestic violence
• You must abstain from drugs and/or alcohol and might be required to attend a drug abuse treatment program if the underlying offense is DUI- or drug-related
• If on DUI probation, you must not operate a vehicle with even the slightest amount of alcohol or drugs in your blood. You must also not refuse to submit to DUI testing within the probation period
• You must show up in court during all the set court dates for review and follow up
• You must submit to random and frequent drug tests
• You could be required to install an IID system or wear a SCRAM — Mainly for defendants with multiple DUI convictions.
• You must not violate any law and be careful not to be arrested or have any issue with law enforcement officers.

The judge can give you more or just a few probation conditions based on the details of your case and your criminal history. Note that you must not violate any probation condition given by the court on the day of your release. Violating probation conditions leads to further criminal charges.

When the judge realizes that you have violated one or more probation conditions, he/she will issue a misdemeanor probation violation bench warrant for your arrest. The warrant will automatically trigger a violation hearing. Once the police execute the warrant and are arraigned in court, the judge will quickly schedule a hearing for a probation violation to determine what will happen to you. The probation hearing is also called a probation revocation hearing since one of the likely outcomes of this hearing is for the court to revoke your probation and send you to jail.

If you face arrest for violating a condition or two of your supervised release, you might be eligible for a bail release before the probation violation hearing. Judes have total discretion to make decisions like these. You could be granted bail if the following are true:

• The probation violation was relatively minor or a technical violation
• Your underlying conviction was for a first-offense misdemeanor
• You had complied with all the other probation conditions

During the hearing, the district attorney has the burden of proof to demonstrate that you violated your supervised release’s specific term(s). The prosecutor will provide evidence to support his/her arguments. Note that heresy proof is allowed in hearings like these. It becomes easier for district attorneys to argue their cases and convince the judge to revoke your probation with that. That is another reason for you to hire an experienced criminal attorney to represent you during this hearing.

The judge has two decisions to make after listening to the evidence presented in court:

• You did not violate any probation condition — The judge would release you to resume your supervised release.
• That you violated one or more probation conditions — If that is so, the judge will sanction you.

If the court finds that indeed you violated the conditions of your summary probation, the  judge can do any of the following:

• Revoke the probation and turn your probation sentenced to prison time — The judge will send you straight to prison, where you’ll serve the maximum sentence allowed by law for the underlying offense.
• Modify the terms and conditions of your probation — The judge can decide to make the terms and conditions of your probation stricter than they were and then release you on those tough conditions.
• Reinstate the original conditions of your probation and release you once again

Misdemeanor Probation Progress Reports

Misdemeanor probation is mainly a supervised release. Therefore, the court will closely monitor your progress to ensure that you abide by all the conditions for your probation. The judge may not keep a close watch on you but will order you to submit periodic progress reports to the court.

Once you have agreed to all the probation conditions set by the judge, he/she (judge) will select a court date during which you will show up in court. During the court’s visit, you will show the judge proof that you are doing everything he/she ordered you to do on the day of your release. Misdemeanor probation can last up to five years. Thus, the judge will require you to come back a few more times with progress reports. Some courts will set the court appearance after every 30 days, others after ninety days, while others after six months.

Note that failing to appear in court on the scheduled date is a form of probation violation. Thus, it will result in the judge issuing out a bench warrant for your arrest. The consequences for failing to appear could be similar to the implications of the probation violation discussed above.

Note that keeping up with these progress reports brings you closer to completing probation. It could also cause the judge to terminate your probation early.

Early termination of probation is possible under California law. The judge could terminate your probation when you complete the terms of your probation before their time and with no violations. However, it doesn’t happen in all courts. Some judges prefer to follow through with probation to the end. The judge can also be skeptical about granting early termination of probation in cases related to domestic violence and DUI.

Find a Van Nuys Criminal Defense Attorney Near Me

Misdemeanor probation has its advantages and disadvantages. Even though you will be serving your term out of incarceration, you’ll be ordered to abide by specific terms and conditions that sometimes could make your life difficult. Working with an experienced criminal attorney in Van Nuys, CA, could help you make the right decision when you’re faced with jail time and probation. Your attorney could also negotiate for more favorable probation conditions on your behalf. At Leah Legal, our priority is our clients’ best interests. That is why we fight until we obtain a favorable outcome of all our cases. Call us at 818-484-1100 for more information and guidance through every stage of the legal process.

Driver’s license suspension is one of the most life-changing consequences accompanying a conviction for driving under the influence in California. The license suspension process is lengthy, and seeking a restricted license to drive to school or work is expensive, making it impossible for some DUI defendants. When you face a driver’s license suspension, it can be challenging to continue with your daily life unless you operate with a suspended license, a criminal offense under California Vehicle Code 14601.2.

Driving with a suspended license is a severe offense. However, you risk facing harsher penalties when you operate with a suspended license due to a DUI. If you have been arrested and charged with violating VC 14601.2, it is crucial to seek legal guidance. Your attorney can help investigate the facts surrounding the situation to help you avoid the harsh consequences that accompany a conviction for this crime.

Driving With a Suspended License after a DUI

Under California Vehicle Code 14601.2, it is a crime to drive a motor vehicle with a license that has been suspended for DUI. In California, driving on a suspended license is one of the most common traffic offenses. Although most traffic violations are infractions, driving with a suspended license is a misdemeanor that could attract severe penalties, including incarceration and probation. Furthermore, you will face an enhanced sentence for driving on a license arrested for DUI.

When a police officer stops your vehicle in traffic and finds that your license is suspended for DUI, you will face an arrest and charges under Vehicle Code 14601.2. Before the court finds you guilty of driving with a suspended license for DUI, the prosecutor must establish the following factors beyond a reasonable doubt:

You Operated a Vehicle when your Driver’s License was Suspended or Revoked 

When proving your guilt under VC 14601.2, the prosecutor must prove that you operated a vehicle with suspending or revoked driving privileges. In California, several reasons could prompt the DMV to suspend your license, including reckless driving and driving under the influence of alcohol or drugs. The length of driver’s license suspension varied depending on the circumstances of your case and your criminal history. If the Department of Motor Vehicle suspends or revokes your license, you must not drive until the period of suspension ends.

Also, it is essential to understand that your driving privileges will not be reinstated automatically after the suspension period elapses. You will need to pay reinstatement fees, apply for a new license and complete all the court order and DMV requirements. Therefore, you may still face charges for driving with a suspended license even after the suspension ends. To prove this element, it must be clear that you were the person driving the vehicle at the time of the arrest.

Your Driver’s License was Suspended for DUI or DUI, Causing Injuries.

Although there are numerous reasons for license suspension or revocation under California law, VC 14601.2 addresses license suspension for DUI. Therefore, you will only be guilty under this statute if you operate a motor vehicle while your license is suspended for drunk driving or DUI causing injury. If your license suspension results from other driving offenses, you could be charged under VC 14601.1, which attracts lesser penalties after a conviction.

You Knew that Your Driving Privileges Were Suspended

The prosecutor can only prove your guilt under this statute if they establish your knowledge of the suspended nature of your driving privileges. You could not face a conviction for driving with a suspended license if you did not know that the license was suspended. In California, the Department of Motor Vehicle is responsible for license suspension. If you face charges for DUI, you could suffer a court-imposed and administrative driver’s license suspension. 

After a conviction for DUI, license suspension is one of the penalties you face. At the hearing, the court will notify you of the license suspension. If you lose a DMV hearing, the DMV must mail you the notice of suspension. Therefore, the prosecution must provide proof that you received your suspension notice.

You Violated the Restricted License

If you are operating on a restricted license, the prosecution must prove that you violated the terms. After a driver’s license suspension for DUI, some defendants are lucky to obtain a limited license that allows them to operate in specific areas. Most DUI defendants are eligible for a restricted license under the following circumstances:

• You do not have a previous DUI conviction.
• You are above twenty-one years. If you face a conviction for underage DUI in California, the court cannot allow you to operate on a restricted license.
• You did not refuse to take the breath and blood tests in your previous arrest for DUI.
• You are not on probation for an alcohol-related offense.

If you win the DMV hearing but face a court-imposed license suspension, you can apply for the restricted license right away. Before acquiring a limited license, you must file a certificate of financial responsibility and pay the limited license fees. However, if you lost the DMV hearing and suffered an administrative license suspension, you must wait up to thirty days to obtain the restricted license.

Driving on a restricted license has some regulations that you need to follow. If you operate a motor vehicle while in violation of these rules, you can be arrested and charged with driving on a suspended license:

• Driving to and from work.
• Driving for work-related purposes.
• Driving to and from court-imposed programs and counseling.

Also, the DMV may require that you install an ignition interlock device. The IID works to check the alcohol content in your breath before you start your vehicle. If you fail to install the IID device when operating on a restricted license, you could be arrested and charged under VC 14601.2.

As long as you drive on a restricted license, it would be best to match your operations to what is allowed to avoid additional criminal charges. If you are stopped by the police while driving on the restricted license, you need to be careful of your answer about your driving purpose.

Penalties for Violating California Vehicle Code 14601.2

Driving with a suspended license is a severe offense under California law. However, when the suspension of your license was a result of a DUI conviction, you could face harsher penalties. A conviction under Vehicle Code 14601.2 is a misdemeanor that attracts the following legal consequences:

• A jail sentence of up to six months for a first offense and one year for a second offense.
• Fines not exceeding $1000 for a first offense and up to $2,000 for a subsequent offense.

Misdemeanor Probation for Driving on a Suspended License for DUI

Instead of spending time in jail for violating Vehicle Code 14601.2, you may be sentenced to misdemeanor probation. Although probation is a great way to escape incarceration, not all defendants are eligible for this sentence. Informal probation is a program to protect the public and ensure that low-risk offenders are rehabilitated out of jail. Guidance from a competent attorney can increase your chances of receiving the alternative sentence instead of time behind bars.

When you face a conviction for driving with a suspended license after a DUI, your attorney and the prosecutor will agree on probation as part of a plea deal. Sometimes, the judge could grant probation when pronouncing your sentence. Probation is not the best alternative in all cases. Therefore, you can accept or reject the offer depending on the circumstances of your case.

When you receive a probation sentence after a conviction for violating VC 14601.2, the judge could subject you to the following terms and conditions:

• Payment of court fines.
• Participate in group or individual therapy.
• Abstain from alcohol or drugs.
• Avoid criminal activity while on probation.

Probation Violation for Driving With a Suspended License After a DUI

Driving on a suspended license after DUI is considered a violation of DUI probation. If you face a conviction for drunk driving in California, you may be sentenced to probation instead of incarceration in county jail. In addition, you could suffer driver’s license suspension or revocation. One of the terms and conditions that you must obey while on probation is to avoid engaging in criminal activity. Driving with a suspended license after a DUI conviction is a crime and thus considered a violation of probation.

If you violate your DUI probation, you will face an arrest and may need to attend a revocation hearing. When you drive with a suspended license while on probation, you will face charges under California Vehicle Code 14601.2 but still face the consequences of violating probation. However, at the revocation hearing, you have the chance to fight the allegations and avoid the harsh penalties that accompany probation violations.

Even when you are found guilty of driving with a suspended license, your probation will not automatically be revoked. Therefore, it is crucial to seek competent legal guidance when you face accusations of violating DUI probation. By reviewing the evidence presented against you and testifying to your account of the events, you may maintain your probation status.

Unlike other hearings where you need to convince at least one member of the jury not to find you guilty, you have only one shot at convincing the judge that you did not violate probation. In a probation violation hearing, the burden of proof is less for prosecution, and the court will likely find you guilty of the violation.

If the judge finds you guilty of a probation violation for driving with a suspended license, they may consider several factors before deciding your sentence for the violation. The court may check your criminal history and the amount of time you spent on probation before the violation. Depending on the circumstances of your case. A probation revocation hearing may have one of the following outcomes:

• The court may reinstate your probation under the same conditions as earlier ordered by the court.
• The court can reinstate your probation and modify the terms. Some of the modifications may include an increase in the probation period or more strict conditions.
• The judge can revoke your probation and sentence you to serve time in jail.

Revocation of your probation is one of the harshest penalties that accompany probation violation. If you are accused of violating probation for driving with a suspended license, you should contact an experienced defense attorney to help you protect your rights.

Defenses against Vehicle Code 14601.2 Charges

If you are arrested for driving on a suspended license because of DUI, all is not lost. Not all arrests for violation of this statute result in a conviction. With the help of your attorney, you can explore the following defenses against your charges:

Claim That You Did Not Receive Notice of Suspension

Before you face a conviction for driving with a suspended license after a DUI, the prosecution must prove that you knew of the suspension. Therefore, it is a strong defense strategy to claim that the DMV did not notify you about the suspension. If the court or Motor Vehicle department suspends your driving privileges, you will receive a notice of the suspension. Sometimes, you may be notified of a potential license suspension but fail to receive the confirmation of the action. Luckily, there are ways through which you can find out whether your license was suspended after a conviction for DUI.

 In California, there are two main ways through which your driver’s license can be suspended for drunk driving:

1. Court Imposed Suspension

In most cases, DUI convictions are accompanied by license suspension under California law. The period of court-imposed suspension varied depending on the circumstances of your case and your criminal history. If the court finds you guilty and you are convicted for DUI, the judge will inform you of the license suspension at the hearing.

Also, the court will require that you sign paperwork concerning the sentence. The moments following a conviction for DUI can be very challenging d=for you and your family, and it is easy to lose the paperwork. Since the rules surrounding license suspension are complicated, you may be unsure whether your license is still suspended.

2. Administrative Driver’s License Suspension

The California Department of Motor Vehicle handles the administrative license suspension, which happens within thirty days of DUI arrest. The administrative process starts as soon as you face an arrest. The arresting officer will take away your license and offer you a notification to operate within the first thirty days. In California, you have up to ten days after the arrest to contest an administrative license suspension. Unfortunately, the arresting officer may forget to give you notice of a potential suspension. If you fail to request a DMV hearing, your license will be suspended automatically. 

If you contest the license suspension at the DMV hearing, you will learn of a suspension depending on your hearing outcome. If you lose the DMV hearing, you will face an administrative license suspension. It is crucial to understand that an administrative license suspension is independent of the court-triggered suspension. Therefore, even when you win the DUI case and escape the license suspension, you must follow up with the Department of Motor Vehicles. If you did not receive notice of your license suspension, you might have a chance to fight charges for driving on a suspended license.

Your License was Not Suspended for Drunk Driving

One of the elements of the crime that the prosecution must establish is that your driver’s license was suspended after a DUI. You will only be convicted under California VC if your suspension fits in the above category. Generally, driving with a suspended license is a criminal offense. However, you risk facing a harsher penalty if you operate a motor vehicle when your license is suspended for drunk driving. This is because California law is strict on individuals who drive while intoxicated. As a defense to your case, you can argue that your license was suspended for other reasons. In this case, you will face lesser charges.

You Were Not Driving

Vehicle Code 14601.2 charges require a prosecutor to prove that you were driving a vehicle with a suspended license. Therefore, if you can prove that another person was driving when the officers stopped you, you may have a chance to fight the charges.

Find a Van Nuys Criminal Defense Attorney Near Me

California law is stringent on individuals who operate motor vehicles while under drug or alcohol influence. Due to the danger that drunk drivers pose to themselves and other road users, a conviction for DUI attracts severe legal penalties, including driver’s license suspension or revocation. When your license is suspended, you cannot operate your vehicle unless you acquire a restricted license. In most cases, a restricted license only allows you to drive to specific areas.

Driving with a suspended license after a conviction for DUI is a criminal offense charged under California Vehicle Code 14601.2. A conviction for violating this statute attracts severe legal penalties that may include incarceration. In addition, if you are sentenced to probation for DUI, driving with a suspended license will count as a probation violation and could attract additional penalties. 

Seeking the legal guidance of an attorney from Leah Legal is crucial when you face charges for driving with a suspended license. We serve clients facing criminal charges throughout Van Nuys, CA, to ensure the best outcome in your case. Contact us today at 818-484-1100.

In California, conspiracy laws are outlined under California 182 PC. The law considers conspiracy a scenario where one or a group of people agree to engage in a crime. The crime is charged as either a misdemeanor or felony based on your criminal record and the facts surrounding the case. Before you face charges for the crime, the court will require the prosecution team to prove two main elements of the crime.

The elements are agreement and an overt act. The crime will come with a heavy fine and extensive jail terms. It is recommended you seek legal help from a competent conspiracy attorney to help you learn more about conspiracy, its effects on your future life, and the harsh penalties you will risk facing. Remember, the criminal defense attorney you go for will determine the outcome of your case. Thus a competent conspiracy attorney is a priority for the best results of your case.

What is the Legal Meaning of Conspiracy?

Conspiracy occurs when two or more people intentionally agree to engage in a crime and actions are taken to advance the crime. Under California Penal Code 182, it’s a crime to commit a conspiracy. Before you face conviction for the crime, the prosecution team must prove all the elements of the crime. When the prosecution team fails to prove the elements of the crime, you will not face conviction. The elements include:

• You agreed with another person or people to engage in a crime
• One of the involved parties in the agreement took over to advance or further the agreement
• A least of the over acts were performed at the state

You must note that an arrest for a suspicious conspiracy charge will not necessarily lead to the conviction. You cannot be guilty of the crime when:

• You did not have any intent to commit the crime
• You merely associate or accompany members of the conspiracy

As a member of a conspiracy, you do not necessarily know the duties or identity of other conspiracy members. The main focus is whether you agreed to engage in the offense. The main questions will only arise around:

• Overt act
• Agreement.

Parties Agreement

The agreement is one of the main elements of the crime. It’s not necessary for you and other involved parties to come into a formal or detailed agreement. The agreement might be inferred from your conduct when you had a common purpose to engage in the crime.

For example, Paul and John are seen sneaking into a residential home at nighttime. They are both dressed in a black suit, and Paul is carrying a bag. John a small long piece of wood in front of the house door to see whether the homeowner puts the light on. Under this situation, both Paul and John would face burglary charges. Even if they did not have a detailed or formal agreement to engage in the crime, they would face the charges.

What is the An Overt Act?

Another central element of the crime is an overt act. In California, an overt act is a behavior conducted to advance or help accomplish a planned crime. The act is committed After you agree to commit the crime. Remember, the overact should be more than planning or agreeing to engage in the crime, but it doesn’t have to be a criminal behavior itself. The behavior might be as simple as:

• Renting a car or room
• Purchasing a firearm
• Entering into a room to locate its exits
• Making a call
• Making signals to the co-conspirator

California Penal Code 182

Under the law, conspiracy occurs when two or more people conspire:

1. To commit any offense

2. Maliciously and falsely indict another person for any offense, or procure someone else to face arrest or charges for the crime.

3. Falsely maintain or move any action, suit, or proceeding.

4. To defraud or cheat someone else of any item through any criminal means or obtain properties through false promise or pretense

5. To engage in any behavior that might cause public injury or obstruct or prevent justice.

6. To perform any offense against the people of the president or deputy president of the US. Or the governors of any territory or state, or judges and the secretary of any US executive departments.

Examples of Conspiracy In California

Bill and Abel plan to mug a nearby bank. They sketch the building and inform Stephen to disable the building’s surveillance cameras. The deliberate plan and communication desire fulfill the crime’s elements of intent and agreement. Also, drawing the damage of the premise’s cameras and the map meets the features of the crime’s act. If Stephen knew the purpose of disabling the surveillance camera, all the involved parties would face conspiracy charges.

Howard told James had planned to hijack his neighbor Grace, and he wanted to borrow his pick up to carry out the kidnap. James then agrees and even suggests Howard use one of the rooms in his house to store Grace after kidnapping her until her father pays ransom money. Both parties prepare a room and write a ransom letter after kidnapping Grace.

James helped Howard perform the offense, fulfilling the features of the crime, intent, and agreement. Again, preparing the room and writing the ransom letter will fulfill the element of an overt act.

Who Can Face Charges for Conspiracy in California?

• A party of conspiracy will face the charges even when the alleged crime was not carried out. Remember, conspiracy and the alleged crime of conspiracy will come with different charges. Thus you will face charges for the crime when you are involved under the following situations:
• As a part of the conspiracy group, you don’t necessarily need to know the duties of the other members or even their identity to face the conviction.
• A party of a group is not accountable for the behavior of other involved members after accomplishing their goal of the crime.
• You are not accountable for someone else’s behavior, not a party to the conspiracy, even when their actions helped you achieve the aim of the conspiracy.

A party of the conspiracy will be accountable for any crime they conspire to engage in despite which group party committed it. As a part of the conspiracy, you will be responsible for any part of the group when their acts aim at furthering the crime. Also, when their behavior is probable and a natural effect of the design and plan of their agreement. The rule will apply even when the behavior was not in their initial goal. Under the same rule, a conspiracy member doesn’t necessarily need to show up during the crime.

Punishment, Sentencing and Penalties Guidelines for Conspiracy

Like any other criminal offense, conspiracy is heavily condemned and sentenced in the state. So, the crime will attract fines and jail terms. Under California Penal Code 182, the law sets different penalties for different kinds of conspiracies. The charges will match the crime in question even when the crime did not take place. The California PC 182 guides the penalties you face under the various conspiracy cases as follows:

Conspiracy Against a Government Official

When you conspire to commit conspiracy against a government official, as outlined under paragraph (6), you will be guilty of a felony. Thus, you will remain behind bars for a period ranging from 5 years, seven years, or even 11 years.

Conspiracy Aimed at Committing More Felonies

The charge is a felony and is punishable by the penalties made for the felony crimes. When one conspiracy involves more felony offenses, the conspiracy conviction is punished by the fines placed for the most severe felonies.

Conspiracy to Commit Murder

You may face charges for conspiracy to murder whether the killing was completed or not. For instance, you may face conviction for first-degree murder when you do the following:

• You gave aid, abetted, instructions, commands, or counseling to the killer.
• You induced, hired, solicited, attempted to kill, or convinced someone to kill.

Conspiracy to Engage in Fraud

When you conspire to engage in a behavior outlined in paragraph (4), you will face punishment by jail time in jail for 12 months. Or you will pay a fine of up to 10,000. Also, you may face both fines and jail terms.

Conspiracy to Engage in Identity Theft

When you obtain a felony conviction for conspiring to engage in identity theft, as per section 530.5, the criminal court may require you to pay a fine not exceeding $10,000 for the misdemeanor charge. The charges will vary depending on the facts surrounding the case and your criminal record. Also, the charge may be either a felony or a misdemeanor. When a felony, the court will require you to pay a fine of up to 25,000. You will also remain in jail for up to 3 years.

Conspiracy to Engage in a Violent Offense Resulting in Death

When you conspire to commit a violent offense in California like kidnapping, robbery, carjacking, arson, or rape, which result in the death of the alleged victim, or a foreseeable consequence, the crime is first-degree murder. Thus you will face the charges placed for the first-degree murder regardless of whether the killing was intentional or not.

Other Acts of Conspiracy

When you conspire to engage in any other act outlined under penal code 182, you will remain in a county jail for 12 months or according to section 1170 subdivision (h). you may also pay fines of up to $10,000 or even face both jail time and heavy fines.

Conspiracy and Expungement

Just like in many crimes in California, you may erase the conspiracy conviction from your criminal records. You want to work closely with your criminal defense attorney. When you face conviction for conspiracy, you are entitled to expungement when you:

• Complete the ordered probation
• Complete your jail term

When you violate the probation terms, you may still qualify for expungement. But, it would be the judge’s discretion. Under California PC 1203.4, expungement will release you from all penalties coming with your conviction. Ensure you consult your conspiracy lawyer. The lawyer will help you understand the benefits of expungement to your future life. Again they will guide you during the expungement process.

The conviction for conspiracy would also hurt your rights to possess a firearm. According to the law, a convicted felon is prohibited from owning or possessing a gun. So, you will lose your right to have a gun.

Possible legal defenses for conspiracy

Under California laws, conspiracy charges are severer than anyone would expect. When facing the charges, you need the assistance of a conspiracy lawyer to fight for your rights. Below are the legal defenses your lawyer may use to fight against your conspiracy charges.

Withdrawal From The Conspiracy

You would not be able to face conspiracy charges if you pull out of the planned conspiracy before the crime takes place. To pull out of the conspiracy, you must affirmatively and truly reject the conspiracy. Leaving conspiracy includes communicating it by actions or words to the involved members before an overt act is taken towards the crime.

By withdrawing effectively, you will not be liable for any act of co-conspirators that they committed after your withdrawal. The prosecution team should prove you didn’t pull out of the conspiracy before the crime in question occurred to face conviction for conspiracy. When the prosecutor fails to prove, you cannot face conspiracy charges. Again your defense lawyer can prove you affirmatively rejected the conspiracy before an overt act furthering the offense occurred, hence beating the charges.

Mistake of Law

In California, a Mistake of law can be a defense to a conspiracy when you have a reasonable belief that your conduct is not illegal. Your honest good faith belief is the only requirement for this defense. To face conviction for conspiracy, you should have agreed to engage in the crime. If you didn’t know you were conspiring to carry out an illegal act and had a reasonable belief that you were within your legal right, you could not face the charges.

False Accusation

Under California laws, conspiracy involves several people being involved in planning and committing the crime. You may be falsely accused of conspiracy since co-conspirators may accuse you due to fear, revenge, or anger. To face conviction for the crime, the prosecutor must prove you agreed and had the intention of committing the crime. When the prosecution team falsely accuses you of conspiracy when you were not a member of the conspiracy, you will not be convicted for conspiracy since our defense lawyers will help uncover the false accusations.

No Agreement

The prosecutor must prove you had an agreement with the conspiracy team to engage in the crime. You may use lack of agreement as a defense if the prosecution cannot establish any prior agreement to engage in the crime. Remember, the offense might still occur even when you did not have any agreement to commit it. Thus it’s not considered a conspiracy. When the prosecution fails to prove a prior agreement towards committing the crime, you cannot face conspiracy charges.

No An Overt Act in The Alleged Crime

When no overt action was taken towards committing the crime, a defense lawyer may help by attacking any false evidence. This is because planning a crime does not mean undertaking it until steps are taken to carry out the crime. A competent criminal defense lawyer can use this defense and show that no conspiracy member performed an overt action towards committing a crime. However, the defense works when you did not overtly commit the crime and will not be convicted for conspiracy.

For example, John and Jimmy agree to kidnap Sam. John suggests they use their bedroom to keep sam. They prepare a room where they will keep Sam, but they don’t undertake further actions. Although they conspired to kidnap Sam, and no overt steps were taken apart from planning, they will not face conviction for conspiracy.

Mere Associations

The court cannot establish a conspiracy by mere associations with the conspiring parties. So, the prosecutor must show you participated; you were interested, you had a common illegal design with the conspiracy parties. These mere associations with the conspiracy members will not make you part of the team. Even when you made a statement or acted in actions to further the conspiracy, that alone is not sufficient to make you a member of the conspiracy team.

Contact a Van Nuys Criminal Defense Attorney Near Me

Conspiracy cases are complex. Handling the conspiracy case alone might be challenging, especially when it’s your first-time offense. Thus, when you face a conspiracy conviction in California, you must discuss the situation with your conspiracy attorney. The attorney will help you learn more about conspiracy laws and understand your rights. You need to receive legal representation from our compassionate attorneys from Leah Legal. We serve our clients in and around Van Nuys, CA, on a 24/7 basis. So, you may reach us today at 818-484-1100 or by visiting us online and speak with one of our skilled conspiracy attorneys.

Even without a conviction, any criminal charge or arrest in California will result in a criminal record available to the general public. Having a criminal record can have devastating consequences in life, especially when looking for a job, promotion, or college admission.

Luckily, California law provides individuals with a clean slate by clearing their records through expungement, a process where a criminal charge, arrest, or conviction is erased from your record, such that you are released from all its detrimental consequences. Not everyone is eligible for an expunction, but there are multiple benefits you can derive from the process if you are. This article defines expungement under the law and its benefits.

Legal Definition of Expungement Under California Law

Otherwise called a dismissal release, expungement is defined under PC 1203.4 as the legal process where you are released from all the detrimental consequences and penalties stemming from a sentence. AB 1008 of the ban the box law bars employers from asking applicants to divulge their criminal record information unless they are presented with a conditional job. Evaluation of the applicants should be individualized and based on merit before denying them opportunities because of a criminal record.

After the expunction, your employer can still view your conviction history but cannot use it as a basis of denying you employment even after making a constrained job offer. Also, with a cleared record, you can tell a potential employer, landlord, or licensing agency that you have never been arrested, charged, or convicted of a crime without breaking the law.

Note that even when the use of marijuana became legalized, the Department of Justice was tasked with reviewing and sealing the records of past cannabis convictions because it was no longer illegal. You don’t need to request an expunction because the marijuana conviction is cleared from the record.

Qualifying for an Expunction

California PC 1230.4 provides criteria that must be followed during an application for expungement. The requirements for expunging a felony or misdemeanor are:

• You mustn’t have been incarcerated in state prison for the criminal act.
• You shouldn’t be presently charged with a crime, serving probation time, or serving a sentence because of a violation of probation.
• You must have received an early probation termination or completion of probation.
• The offense you want to be cleared from your history must be a misdemeanor or a felony that ought to have been prosecuted as a misdemeanor.
• You must have cleared all your monetary court fines and restitution for the underlying crime.

It’s worth noting that you are not eligible for expunction if you have been convicted for a felony and served a jail or prison sentence. Furthermore, you do not qualify for expungement if the baseline offense is a sex crime towards a minor or a car violation that adds two points to your driving record.

Also, if you had served a jail sentence, you could still qualify for expunction if you committed the crime after the passage of Prop 47 in 2011. For your offense to be eligible under Realignment legislation, the following exceptions must be present. You must not be:

• carrying out a sentence,
• Serving probation, or
• charged with engaging in any kind of criminal activity

Successful completion of probation means meeting all the conditions imposed by the court for the program like victim restitution, payment of court fines, undertaking community labor, and concluding counseling programs. If you are presently charged with a crime or your attorney skipped court when you were on probation, it won’t be deemed successful completion.

However, you may still violate some terms of probation and still be eligible for expunction if you obtain a special hearing from the court to determine your candidature. On the other end, even if the court determines you are a candidate, but it turns out you have previously served a jail sentence for a sex offense involving a child, your record won’t be deleted. These sex offenses that can deny you eligibility for expunction are:

• Sodomy with a child as codified under PEN 286(c)
• Statutory rape under PEN 261.5(d)
• Lewd act with a child under PEN 288
• Oral copulation with a minor as per PEN 288 (c)

Early Termination Of Probation To Qualify For Expunction

Under California PEN 1203.3, a judge can grant your request for early termination of probation. For you to be eligible for this relief, you must have served at least twelve months in jail for informal probation and a minimum of 18 months of formal or felony probation sentence. Even when you qualify for the relief, it doesn’t come automatically. Your criminal defense attorney must request a court hearing by filing a motion with the relevant court two days before the proceeding.

Chances are high the court will consider an early termination if you have completed a mandatory counseling program or community labor, compensated the victims of your actions for the damages caused, and ended all the court-imposed classes. Before ruling on the matter, the court considers your criminal record, challenges stemming from the probation, the characteristics of your case, and the prosecutor’s opinion on the subject.

If you are lucky the court’s decision is in your favor, you will be granted the early termination of probation, and that way, you can commence the expungement process as outlined under PEN 1203.4.

Lowering A Felony Conviction To A Misdemeanor To Qualify For Expunction

Losing your gun ownership rights for years because of a felony conviction is your last wish. Luckily, you can obtain an expunction by having your prior felony conviction reduced to a misdemeanor to be eligible for expungement. Although the procedure is complex, it’s worth undertaking because you preserve some of your rights and benefits.

PEN 17(b) gives judges the authority to reduce a felony conviction to a misdemeanor if you have been charged and convicted for a wobbler and successfully served your probation sentence. By reducing the felony to a misdemeanor, you eliminate all the penalties and disabilities that come with being a convicted felon.

The factors that the judge considers before granting the reduction include:

• The characteristics of your case
• Circumstances surrounding the case
• Your criminal history
• Your compliance with probation conditions

It’s worth noting that reducing a felony to a misdemeanor has many benefits, but there are individual penalties that it doesn’t eliminate. These conditions are:

• For purposes of California’s Three Strike law, the conviction will remain a strike if you were found guilty of a violent felony.
• The reduction of the felony to a misdemeanor won’t affect the records in the federal authority because the conviction will still be deemed a felony.
• If the conditions of your felony conviction included registering as a sex offender, you would still be required to do so under PC 290 even after reducing the sentence.
• Licensing agencies and the California State Bar may still consider the conviction a felony despite the reduction.

The Cost of an Expunction

If you want a clean slate through expungement, you must be willing to part with $60 for a misdemeanor and $120 for a felony petition. Also, the court where the petition is filed determines the amount you pay for the petition. If you cannot afford the amount, don’t lose hope because several modes of payment are available for persons who can’t raise the required money. Inquire with your expungement attorney about the available options in your county and the best option based on your circumstances.

To increase the process’s chances of success, you must hire a criminal attorney who understands expungement laws. It comes with additional costs that you must be willing to pay. However, if you hire the right legal team for the job, you will save money and obtain the clean slate you want.

What Are The Benefits Of An Expungement?

There are manifold benefits associated with criminal record expunction under PEN 1203.4. These benefits are:

1. Expungement Eliminates Employer Bias, Making It Easy to Find an Employment

If you have been on a job hunt, you already know that many employers run criminal background checks on prospective employees or job applicants. The assessments will reveal all your prior arrests, charges, or convictions if any. Additionally, running background checks will show if you have ever served a probation sentence. During interviews, the employer will inquire if you have ever been convicted.

When it comes to particular jobs that involve holding a public office, a criminal charge or conviction will disqualify you from employment. Very few employers don’t run background checks on potential workers, but unfortunately, the pay is poor, so you might need to work multiple jobs to pay bills.

Also, the law is unambiguous that private employers should not inquire about a misdemeanor conviction that has been expunged under PC 1203.4. It’s unlawful for an employer to do the following:

• Inquire about an arrest or charge that never resulted in a conviction
• Seek information about a criminal conviction record that has been judicially ordered, sealed, expunged, or eradicated through a statute.
• Inquire about an arrest for which a pretrial diversion program has been completed

The most valuable benefit of expunging a criminal record is that it helps you with job applications. The reason being even when filling out application forms or answering questions in an interview, you can confidently say you have never been convicted without lying. Also, you are not required to disclose your criminal record, meaning you can apply for the well-paying jobs you want and be offered the same opportunity as the individuals without a prior history.

2. Improved Education Opportunities

If you wish to jumpstart your career, a criminal record can become a huge barrier because many graduate schools are less likely to consider you if you have one. These programs are highly competitive, and having a criminal record could be the reason for missing out on admission. However, if you obtain an expunction, the record will be sealed, meaning you will have an equal chance to get college admission just like the other applicants.

3. Allows Rehabilitated Offenders to Integrate Back to Society

A criminal conviction carries with it a lot of stigmas even if you are rehabilitated. When people find out about your past, they will always judge you for being charged and convicted of a particular crime. However, by deleting the record, you no longer have to worry about people finding out you have a criminal record, making it easy to integrate with society. You don’t have to isolate yourself because you are afraid people will find out about your conviction. It will enable you to rest easy knowing you are rehabilitated, and it matches what people who run criminal background checks find.

4. Increased Housing Options

When leasing or renting an apartment, many landlords will require you to fill out an application form that requires you to disclose if you have a criminal record. Others will run criminal background checks, and if they find out you don’t have a clean record, they might not enter into a rental or lease agreement with you, regardless of when the crime happened.

However, your record will look clean after an expunction, and landlords will never know they are renting their property to a person with a criminal past. An expunction will open more housing options which means a comfortable life for you and the family.

5. Helps You Obtain State Licenses

Having your criminal record expunged makes it easy to access state professional licenses. Even after an expunction, you must disclose your criminal record to the relevant state licensing agency. However, the agency will overlook the prior criminal history if it was successfully erased or cleared from the documents through an expunction.

A criminal record looks better if it has been erased because it means the DA and the judge that decided to withdraw the initial plea and dismiss the case did the thorough vetting. Therefore, the licensing board reviewing your application for a professional license to operate as a medical practitioner, lawyer, or any other profession will consider you an ethical person and one likely to uphold the principles of the domain hence likely to issue the license. Completion of your probation sentence and expunction process will make your candidature for the license even more favorable.

Although an expunction will help you obtain a state license, its limitations make it necessary to have a certificate of rehabilitation. The certificate indicates that even with your past criminal record, you have undergone rehabilitation. With the document, you can enjoy many benefits like the automatic application of the Governor’s pardon. Also, nobody will deny you a state professional because of your criminal history.

6. You can Easily Become a Member of a Professional Organization

Like employers, many professional associations run criminal background checks on individuals willing to join or hold positions. With an expunged criminal record, the impact of your prior conviction will significantly reduce, enhancing your chances of obtaining the desired position or membership in the said professional association.

An expunged conviction won’t appear on the public database when someone runs a background check. Instead, it’s a dismissal that appears because once the record is cleared, an updated database will show no conviction.

7. Enhanced Credibility as a Court Witness

Another merit of having your criminal record expunged is that the opposing side cannot use the conviction to impeach your credibility as a court witness unless you face new charges.

Usually, when you are a witness and you have a prior felony conviction, the opposing legal team will bring up your previous record to question your credibility as a witness. As a result, if you were suing someone in a civil suit, your testimony might be doubted by the judge or jury, and this might result in an unfavorable outcome. However, if you have an expunged record, the law prevents them from bringing up the issue in court, which means your testimony will be credible and might result in a favorable verdict.

8. Brings a Sense of Redemption and Closure

An expungement comes with a form of personal relief and satisfaction. Although it doesn’t change the fact that you committed a crime and were found guilty for it, it helps bring a sense of redemption and closure to a frustrating and challenging phase of your life. You enjoy more peace of mind knowing the crime you committed has been dismissed and that the rest of your life will be crime-free.

9. Fostering and Adoption to Start or Expand Your Family Becomes Easier

Expunging a criminal record provides you with the opportunity to start or expand your family through fostering or adoption. If you are a foster parent candidate, the Department of Human Services runs criminal background checks to know if you have a history of crime. Having a criminal record might become a barrier, which is why you need to hire an attorney to expunge your record. That way, the conviction will no longer be a barrier to the adoption or fostering process, thus allowing you to grow your family.

Find a Van Nuys Criminal Defense Lawyer Near Me

Expungement of your criminal record provides you with a sense of redemption and allows you to move forward without being haunted by the past. Therefore, if you are in Van Nuys, CA, and considering having your criminal record expunged or want to learn more about the process, don’t hesitate to reach out to our legal team at Leah Legal. We have helped many people in the past enjoy the benefits of an expunction highlighted above and are ready to do the same for you. Call 818-484-1100 today for a zero-obligation consultation and to analyze your case.

As outlined by California law, a wobbler is an offense that can be charged as either a felony or misdemeanor. In most cases, the prosecutor determines whether to charge a crime as a felony or misdemeanor. While making this decision, the prosecutor considers the defendant’s criminal history and the facts of a case. The judge can also decide whether to charge a crime as a misdemeanor or felony. Even if you are prosecuted for a wobbler offense, you can file a petition to seek a reduction of your felony conviction to a misdemeanor. Leah Legal can assist if you commit a wobbler offense in Van Nuys, CA, and need guidance on reducing your charges.

Wobbler Crimes Explained

The decision of how to charge a wobbler offense is crucial because California law recognizes three main categories of crimes: felonies, misdemeanors, and infractions. Some crimes can only be charged as felonies; these are known as straight felonies. Wobbler crimes are also known as alternative felony or misdemeanor crimes. Certain crimes also wobble between being misdemeanors or even infractions. These crimes are known as wobblettes.

Reduction of A Wobbler Crime From A Felony To Misdemeanor

A California wobbler crime can be reduced to a misdemeanor at four main stages:

• When the prosecutor charges the defendant with the crime
• During the preliminary hearing, when the defendant answers to felony charges
• During the time of sentencing
• After the defendant completes a formal or felony probation, provided, the defendant was not sentenced to prison.

However, after completing probation, the defendant must file a petition to have their felony conviction reduced to a misdemeanor. If the prosecutor charges the defendant with a straight felony, this crime cannot be later reduced to a misdemeanor like a wobbler.

Deciding How To Charge An Offense

The California law does not outline standards or guidelines on how the prosecutor should charge a crime. Therefore, how to treat a wobbler crime is a decision that lies with the prosecutor. When deciding on how to charge a crime, prosecutors mainly rely on the charging standards established by the California District Attorneys Association, commonly abbreviated as CDAA. These standards enhance uniform crime charging standards. As outlined by the CDAA, the prosecutor should consider the following factors when deciding whether to charge a crime as a misdemeanor or felony:

• The severity of the offense
• How the defendant cooperates with the law enforcement officers
• The defendant’s age
• The defendant’s past criminal history
• The probability of the defendant continuing to engage in criminal activities
• Whether the defendant qualifies for probation instead of jail time
• The strength of the prosecutor’s case against the defendant

When The Judge Can Reduce A Felony Conviction To A Misdemeanor

According to California PC 17, judges and prosecutors have a right to use their discretion to reduce a wobbler felony crime to a misdemeanor. The judge can decide how to charge a crime at:

• The preliminary hearing
• During sentencing
• When the defendant completes probation, provided the defendant was sentenced to felony probation instead of jail time.

In the case of formal probation, the defendant must file a petition seeking a reduction of the felony conviction to a misdemeanor. When deciding whether to reduce a crime from a felony to a misdemeanor, the judge is not bound by the prosecutor’s decision regarding the crime. Even if the prosecutor charges a crime as a felony, the judge is free to reduce the wobbler crime to a misdemeanor provided there are circumstances in mitigation. Mitigation circumstances refer to the factors that persuade the judge to be more lenient in the sentencing. The typical mitigating factors that could make the judge reduce the defendant’s charges are:

• The defendant is a first-time offender and doesn’t have a prior or any significant criminal record
• The defendant played a minor role in a crime or was a passive participant
• While committing the crime, the defendant used caution to prevent property destruction or harming people
• The defendant voluntarily admitted to their wrongdoing at an early stage of the case or criminal process
• The defendant agreed to pay restitution to the victim. Paying restitution to the victim involves compensating the victim for the loss they incur as a result of an offense or the defendant’s actions
• The defendant recorded a satisfactory performance in their probation or parole

How A Felony Conviction Affects Your Rights and Privileges

Many disadvantages accompany a felony conviction. For example, the court may revoke some of your rights and privileges after a felony conviction. Other disadvantages are:

• You have to disclose the felony conviction in all your job applications
• You may lose your professional license, for example, your right to practice medicine or law
• A felony conviction could also lead to the loss of your gun rights
• You will be subject to more severe sentencing if you happen to commit an additional or subsequent felony conviction
• If the court grants you probation instead of jail time, you will be subject to more extended and more restrictive probation than you would for a misdemeanor conviction.

You should contact an experienced criminal defense attorney; your attorney will do everything possible to negotiate with the court and the prosecutor to reduce your crime to a misdemeanor.

Offenses That Can Be Charged As Misdemeanor or Infractions

An offense that can be charged as a misdemeanor or infraction is known as a wobblette. Infractions are non-criminal offenses that are usually punishable by fines instead of jail time. Under California law, most infractions are punishable by fines that do not exceed $250. On the other hand, most misdemeanor offenses are punishable by:

• A jail time of not more than six months in a county jail
• A fine that does not exceed $1000

Wobblettes operate in the same way as wobblers. The prosecutor can reduce a misdemeanor charge to an infraction; the prosecutor can only reduce the crime to an infraction during the charging. The judge can also reduce the crime to an infraction during sentencing.

There is no significant difference between a wobbler and a wobblette. Before a wobblette can be reduced to an infraction, the defendant must agree. If a defendant is charged with an infraction, they are not entitled to a jury trial. The defendant is not also entitled to a public defender unless the defendant is held in custody. Some defendants may prefer to be charged with a misdemeanor to an infraction.

However, most people agree to be charged with an infraction whereby they only have to pay a small fine. Most misdemeanor crimes can be punishable by a jail sentence instead of a fine. If a defendant has served jail time for a related crime, they may prefer a jail sentence to paying a fine. Usually, a jail sentence for a misdemeanor offense does not exceed six months.

Wobbler Crimes Under California Law

Hundreds of crimes qualify as wobblers under California law. These offenses include sex crimes, fraud crimes, and domestic violence crimes. Some of the specific crimes that are usually charged as wobblers are:

• Sexual battery under PC 243
• Vehicular manslaughter under PC 192(c)(1) and (2)
• Assault with a deadly weapon, commonly abbreviated as ADW under PC 245(a)(1)
• Statutory rape under California PC 261.5
• Child endangerment under California PC 271
• Spousal battery under PC 273.5
• Lewd acts with a minor under California PC 288
• Burglary under PC 459
• Making criminal threats as outlined by PC 422
• Forgery under PC 470
• Grand theft under PC 487
• Stalking under PC 646-9(a)
• Carrying a loaded firearm in public under California PC 25850(a)

Wobblette Crimes Under California Law

Several crimes wobble between misdemeanors and infractions. These are wobblettes and mainly include disturbing the peace under PC 415 and criminal trespass under the California PC 602. Many California vehicle code violations are also wobblettes, chargeable as misdemeanors or infractions. The common wobblette offenses under California law include:

• Disturbing the peace under California PC 415
• Criminal trespass under California PC 602
• Exhibition of speed under VC 23109
• Driving without a license under VC 12500
• Driving with a revoked or suspended license under VC 14601.1
• Failure to appear for a traffic violation as outlined by VC 40508

Felony Sentencing In California

The sentencing for felony offenses under California law may include imprisonment in a county jail or state prison. The court may also impose hefty penalties of up to $10,000 on the defendant. The judge may also sentence a person facing felony charges to felony probation, also known as formal probation.

How long a felony sentence lasts will vary depending on the facts of your case. A felony sentence can be low term, medium term, or high term. Some California statutes set forth the specific terms applicable to an offense; they also state whether the defendant will serve a sentence in a county jail or state prison. The law requires courts to impose sentences on the lower end of the penalty range, provided no extraordinary circumstances are available.

Sometimes, the law does not set forth the specific sentence for a crime. Instead, the law states that the offense should be punished according to California PC 1170 (h). If the law calls for punishment under PC 1170 (h), the judge may sentence the defendant to a jail term of sixteen months, two years, or three years.

Deciding Between Low, Middle, And High Term Sentencing

Generally, the judge will impose middle-term sentencing for a felony crime. However, the judge may impose a high term sentencing on the defendant when aggravating factors are present. Aggravating factors in felony crimes include causing significant bodily injury to the victim, crimes involving extreme violence, or using a weapon while committing a crime. When mitigating factors are present, the judge is likely to impose a low term sentencing on the defendant. Mitigating factors include whether the defendant is a first-time offender or a passive participant in a crime.

The punishment for a California felony may include a fine. Sometimes, the statute defining a crime sets forth the applicable fine. If the law does not specify the fine, the judge may impose a fine of up to $10,000. The fine could be imposed in addition to the jail time or instead of jail time.

Felony Probation And How It Works

If the prosecutor charges a wobbler as a felony, the judge has the right to use their discretion to convert part or the entire felony sentence to a California felony probation instead of jail time. The goal of felony probation is to rehabilitate the defendant and enable them to live as law-abiding citizens. While on felony probation, the defendant serves part or all of their sentencing under the supervision of a probation officer instead of serving a sentence in jail.

At times, a sentence of felony probation may be accompanied by a jail time of up to one year in county jail. However, most people sentenced to felony probation serve little or no jail time. If a case is probation eligible and no extraordinary circumstances are present, the law requires California courts to grant probation instead of jail time.

For a non-violent felony, formal probation lasts for up to two years. However, the probation may last for up to three years if the defendant commits any of the crimes below and the offense involves more than $25,000:

• Grand theft as outlined by the California PC 487 (b) (3)
• False personation and cheats under PC 532a
• Embezzlement under PC 503

The two or three-year probation limit does not apply to crimes whose law specific the probation period or violent felonies. For these crimes, the probation period could be up to five years. While on probation, the defendant must comply with specific probation terms. The probation terms include but are not limited to:

• Meeting with the probation officer every month
• Paying restitution to the victim
• Group or individual therapy
• If the felony involved a California drug crime, the defendant might have to submit to impromptu drug testing.
• Community labor or service
• An impromptu search of the defendant’s property or person without or without a search warrant

When The Defendant Violates The Probation Terms

If the judge sentences a defendant to formal probation, but the defendant violates the probation terms, the judge may:

• Revoke the probation
• Send the defendant to jail or prison for the maximum sentence for the crime.

However, if the defendant has a good reason or explanation for violating the probation terms, the judge may not punish the defendant. The judge may also make the probation terms harsher or lengthen the probation terms.

Felony Paroles And How They Work

Parole laws are almost similar to probation laws. However, parole laws only apply when the defendant is sentenced to a California state prison, and the defendant completes the probation or is granted an early release. Parole comes with conditions like probation. Like probation, the judge can revoke a California parole. If the judge revokes parole, they may send the defendant back to prison.

Expungement Of A Wobbler Conviction

It is possible to expunge many wobbler convictions under California law. Expungement refers to a form of post-conviction relief provided under California law. After expungement, a conviction ceases to exist for most purposes. Usually, you do not need to reveal an expunged conviction on your job applications. Expungement is available for many wobbler crimes irrespective of whether the charge resulted in a felony or misdemeanor conviction. The following must apply for a defendant to qualify for expungement of their wobbler conviction:

• The defendant should have completed probation successfully or offered an early probation termination.
• The defendant should not have served time in a California state prison. However, the defendant could still qualify for an expungement if they served time in state prison for a crime that would now lead to confinement in county jail after the passage of Proposition 47.

Completing your probation means that:

• You honored all the probation terms, including paying restitution and fines, completing counseling programs, and community services
• You attended all the necessary court hearings in person, or your attorney represented you
• You did not commit additional crimes while on probation

However, you can get an expungement even if you did not honor all the probation terms. If you violated the probation terms, the court would hold a special hearing to determine whether you are a good candidate for expungement. The court will use its discretion to decide whether to grant you probation or not. Some of the factors that the court will consider are:

• Your criminal history
• The seriousness of the underlying conviction
• Your overall performance while on probation
• Other factors that show you deserve a relief

It is important to note that certain crimes cannot be expunged under California law. For instance, you can’t qualify for an expungement if you commit serious sex offenses against children. However, you could still obtain a Governor’s pardon or a Certificate of Rehabilitation.

You are not eligible for an expungement of your criminal conviction if any of the following is true:

• You are currently facing charges for a criminal offense
• You are serving probation for a criminal offense
• You are serving a sentence for a criminal offense

Find A Van Nuys Criminal Defense Attorney Near Me

If you have been charged with a wobbler in Van Nuys, CA, we invite you to contact Leah Legal. Our experienced attorneys will evaluate your case and guide you on the way forward. We will do everything to negotiate with the prosecutor to reduce your charges from a felony to a misdemeanor. We will also guide you on the expungement process to relieve you of the burden of the wobbler conviction. Call us at 818-484-1100 and speak to one of our attorneys.

In California, law enforcement officers are responsible for ensuring that residents abide by the laws, are safe, and their rights are protected. But they are human beings like everyone else, making them an easy target for the few people who want to keep violating the law. California law is apparent on how residents should react to the police. The law makes it unlawful for any person to disobey a police officer on duty. It is a grave offense that carries severe criminal penalties and life-changing consequences.

However, some people commit crimes out of ignorance. Everyone must know what the law considers as disobeying a police officer. It will help you determine the right course of action to take if you face charges under this statute.

What is Considered Disobeying a Police Officer

California law against disobeying a police officer is under VC 2800. That law defines the offense as willingly refusing or failing to comply with a direction or legal order from a police officer. The police engage in various activities while performing their duties, including stopping and questioning residents and suspected offenders. The law allows them to perform those activities, but on the condition that they do not violate residents’ rights. On the other hand, the law requires residents to comply with directions and orders from the police to make it easier for the officers to carry out their duties.

However, a thin line exists between obeying and disobeying a police officer. Sometimes a person might be too scared to face the police. Walking or running away from an officer could seem a good idea at that instance, but it could cause legal problems when translated as disobeying an officer. It helps to know what counts as disobeying a police officer and what you can do if you face charges under this law to protect yourself and avoid a conviction.

Examples of Actions That Count as Disobeying a Police Officer

In California, a person’s encounter with the police could occur under different circumstances. Your conduct at that instance could be termed as obeying or disobeying an officer. Here are some of the actions that could cause you legal problems under California VC 2800:

Failing To Provide Your Name and Address

The law allows police officers to stop and ask a person’s name and address if there is a probable reason to suspect the person of wrongdoing. It could happen in the middle of the day or at night. For instance, if the officer is walking down the streets and meets with you, how you react to his/her presence could cause the officer to suspect you of wrongdoing.

Note that being stopped by the officer does not mean that you are under arrest. The officer only wants to study your behavior further to determine whether he/she has a good reason to be suspicious of your conduct.

Failing to provide your name and address to an officer upon the officer’s request violates the law. It also makes the officer more suspicious of you and could cause him/her to detail or even arrest you.

Remember that this could happen to anyone, not just random people walking down the streets. It could be a motorist, pedestrian, bicyclist, motorcyclist, or a person sitting somewhere, doing something or nothing.

After providing your name and address, you are not under a legal obligation to provide more information to the officer. If you are not comfortable answering more questions, simply say that to the officer, and ask him/her whether you are free to leave. The officer could allow you to go or detain you further, depending on the situation.

Failing to Provide the Name and Address of a Vehicle Owner

Vehicle crimes are on the rise in California, and the police are more vigilant than ever. It means that an officer can stop you on the road at any time if they notice suspicious behavior or for random checks. Failing to stop when flagged down by an officer on the road counts as disobeying a police officer. Additionally, the law requires you to provide the information the officer asks to help the police perform their duties.

If you are driving someone else’s vehicle, you will probably indicate that to the officer. If the officer has a probable reason to take more details from you, he/she will ask for more information regarding the vehicle you are driving. You are under a legal obligation to provide the name and address of the vehicle owner to the police upon his/her request.

California police are well-equipped to find information like this by doing a quick background check on the vehicle registration. But the officer will ask the question anyway, for several reasons. First, the officer might want to engage you more in a conversation to study your behavior. Or, the officer might want to determine whether you are lying. All these help the officer perform their duties. That is why you must comply.

Giving an Officer Wrong Information

It is illegal to give a police officer wrong information. When the police ask for specific information, like your name, address, and details regarding where you work or where you are going/coming from, you make it difficult for the officer to perform their legal duties when you give false information.

Police officers do not randomly ask residents their names and addresses. For instance, if the officer is walking down the street at night, he/she might only stop one or two people, and only with a probable reason. It could be that the officer is working on a tip-off regarding a case he/she is following up with, or the officer has observed suspicious behavior and wants to get to the bottom of it. Providing the wrong information to the officer will make it impossible for him/her to accomplish the duty and could hinder the progression of a case.

The law is clear regarding willfully providing false or misleading information to a police officer. It counts as disobeying the officer and could lead to criminal charges against you. If an officer asks a question you are not willing to answer, you are legally allowed to decline politely. Let the officer know that you wish to exercise your right to remain silent. Police officers will never force you to provide information but follow due process to perform their legal duties.

Refusing to Stop When Signaled To Do So

Police officers in California use different signals to stop residents whenever there is a need. For instance, police might flag down a motorist at a police checkpoint. The motorist is required by law to find a safe place to pull over and politely answer the questions the officer might have.

An officer can stop you by the road as you walk to work or school or even as you ride along the highway or street. The officer might have noticed something and is only stopping you to confirm or dismiss his/her suspicions. Do not make this difficult for the officer by refusing to stop or ignoring the signal.

When you refuse to stop when a police officer signals you to do so, you give the officer more reason to be suspicious of you. The officer might obtain a warrant for arrest, investigate, and even cause the prosecutor to open criminal charges against you for ignoring police orders. It means that your actions could bring you even more significant legal problems that could leave you with a criminal record.

The right thing to do is to stop when an officer signals for you to stop. Listen to what the officer has to say without being defensive. If the officer asks incriminating questions and you are afraid you could land into problems, politely decline and ask the officer to let you go.

Refusing to Give Your Driver’s License and Registration When an Officer Asks

Police officers are constantly stopping motorists to ensure they abide by the provided regulations to keep everyone safe on the road. Thus, it is not unusual for an officer to stop you while driving along California roads. It doesn’t mean that you are in the wrong. Many motorists only believe in stopping when stopped by an officer but will refuse to cooperate as the officer conducts his/her initial investigations.

When an officer stops you, keep your hands where the officer can see them. Cases of criminals attacking officers after being stopped on roads are high. Keeping your hands where the officer can see them only makes it easier for the officer to carry on with his/her job.

Next, the officer will ask to see your driver’s license and vehicle registration. A driver’s license is proof that you have the legal permit to drive on California roads. Remember that driving is not a right in California but a privilege that you must obtain after a qualification. Again, giving the officer your driver’s license and vehicle registration does not mean you are guilty of anything. The police will ask to see these documents even during a regular check.

You could face criminal charges for failing to provide a driver’s license or vehicle registration to the officer. It qualifies as disobeying the officer.

Failing to Sign a Citation

If the police suspect you of committing a traffic infraction, they will require you to sign a citation in their presence. Many people refuse to do so, thinking that signing the citation is an admission of guilt. The truth is that the law requires you to sign the citation when an officer asks you to do so. It means that you could face criminal charges for failing to obey the officer.

Note that signing a citation only means that you admit to receiving a ticket. It doesn’t mean an admission of guilt. You will still have a chance to defend yourself.

Evading an Officer

Evading a police officer is also considered disobeying a police order to stop. Sometimes the police might notice something while you are driving and decide to pull you over. It could be that you are driving a vehicle similar to one they should investigate for a particular offense, or something is off about your car. If the officers are in a police vehicle, they will pursue you, hoping that you will stop at your most convenient.

Some people panic and decide to flee instead of stopping. Others escape because they have something to hide, while others run because they feel bothered. Fleeing from the police is a crime, regardless of your reasons. The only exception is if you had an emergency in the vehicle and had to rush to the hospital.

Remember that this is one way in which law enforcement officers can perform their duties. Failing to stop while a police car pursues you is considered as evading a police officer and could cause you to face criminal charges. The offense becomes even graver if you speed off to dodge the police car.

Driving/Going Through an Emergency Area

When the police respond to a call at a crime scene, the first thing they must do is mark off that area to preserve any evidence that might have been left behind. Going or driving through an area marked as an emergency area by the police is a serious offense.

Police officers do not have to protect a crime scene physically. With a clear marking, everyone should see that the marked-off area is out of bounds. Any interference with the crime scene might make it difficult for the police and investigators to gather sufficient evidence for solving a crime.

That is why members of the public are required to respect orders like those from the police. You must not drive or go through a marked crime scene even in the absence of authority.

You Can Defend Yourself

In California, disobeying a police officer is a misdemeanor crime, punishable by a maximum of six months in jail and a fine of not more than $1,000. However, you could avoid a conviction if you fight against your charges in a criminal court.

The police will arrest you, and a prosecutor will open charges against you for failing to obey a police order. With the right legal help, you might compel the court to dismiss your charges. Here are some of the defense strategies your attorney can use to help your situation:

You Didn’t Act Willfully

The main element of the crime of disobeying a police officer is that the defendant acted willfully. If your actions were not willful, then the court might not find you guilty as charged.

You willfully disobey a police officer if you act willingly or on purpose. That might not have been the case if you did not hear the officer’s order or the order was unclear. For instance, if the officer only signaled, and you mistook the stop signal for a signal to drive on, you may not be guilty of disobeying an officer.

The Officer Was Not Working at The Time

California residents are only required to obey an order from a police officer that is on duty. You may not know the police officers on duty at all times, but you can tell by their uniforms. An officer in uniform will be on duty and performing their duties.

Therefore, if the person that stopped your vehicle on a highway or stopped to ask for your identifying details in the streets was not in uniform, it might have been difficult for you to know whether or not the man was a police officer.

If you face charges for disobeying an officer for evading an unmarked police vehicle, you could also use this defense strategy.

Your Actions Were a Necessity

You could use this strategy if you can justify your actions. For instance, it could be that you had an emergency case in your car and had to rush to the hospital. Stopping the vehicle at the time would have worsened the situation. In that case, your actions would have been justifiable.

However, it is advisable to report to the nearest police station to avoid facing an arrest after that as soon as you handle the emergency. The police have no way of knowing our reasons for not obeying an order. Therefore, they will do everything possible to ensure that they investigate the matter and make an arrest.

Find an Experienced Van Nuys Criminal Defense Attorney Near Me

If you face charges for disobeying a police officer in Van Nuys, CA, it could help to engage the services of an experienced criminal attorney. Disobeying an officer on duty is a severe offense whose conviction could change your life in several ways. Other than criminal penalties, you will have a damaging criminal record that could affect your social and career life after a conviction. That is why you need the best criminal defense services you can find. At Leah Legal, we have a complete team of criminal defense attorneys who are willing and ready to change the outcome of your situation. Call us at 818-484-1100 and allow us to study the details of your case.

Contributing to the delinquency of a minor occurs when an adult encourages a minor below eighteen years to take part in illegal activity. Such activities could include providing alcohol to minors or keeping the minor home during school days, making them truant. Under California law, this crime can result in fines and a jail term. This blog will help you understand more about contributing to the delinquency of a minor, possible punishment, and ways to defend yourself if you are facing these charges.

Contributing to the Delinquency of a Minor Defined

According to penal code 272, when an adult knowingly supports or helps a minor engage in forbidden acts of juvenile delinquency. Anyone below eighteen years is considered a minor under the law. Adults who encourage minors’ delinquent behaviors can be convicted regardless of how trivial the said act is. For instance, the law prohibits children from possessing alcohol. If an adult is found giving children alcohol or encouraging them to drink, they could be charged with this crime no matter how petty it may seem.

Different states have developed formative criminal statutes that prohibit and punish adults who encourage young adults to participate in illegal activities. In California, this crime is handled as a misdemeanor, while in states like Florida, it is a federal crime and carries severe penalties.

What are the Elements of Crime?

When an adult encourages a minor to commit an offense, they can be convicted under penal code 272. This statute prohibits adults from helping or encouraging a delinquent child to participate in a prohibited crime. To be convicted for this crime, the following must be true:

• The accused must be an adult above eighteen years
• The accused encouraged the young adult to commit the crime
• The adult knew that the child was below eighteen years
• The child’s behavior resulted from criminal negligence or general criminal intent
• The accused caused the child to become or remain a habitual truant, a delinquent, or a juvenile court dependent

Examples of Acts that Contribute to the Delinquency of a Minor

There are different acts that contribute to this crime, but they vary by state. Below are some examples of the activities that could lead to the detention of an adult if they allowed, encouraged, or facilitated a child to engage in:

• Buying alcoholic drinks for a minor
• Persuading a minor to commit a crime
• Giving or allowing the child to use illegal drugs
• Accompanying a minor as they commit a crime
• Allowing a minor to drive a vehicle without a valid driving license
• Having a child help you commit an offense, for example selling drugs, or shoplifting
• Providing a fake identification card to have a minor enter a club or an adult-only event
• Allowing children to drink alcohol or use drugs in your presence
• Allowing minors to engage in sexual activities
• Sending obscene materials or pornography to a child
• Allowing young adults to beg on the street
• Making minors habitual truants by keeping them out of school

Supplying Alcohol or Drugs to a Minor

If an adult is found supplying alcohol to a child below 21 years, they are likely to face misdemeanor charges. If the child causes a car accident or suffers great bodily injury as a result of the alcohol, the adult can face more serious penalties.

However, selling or providing minors with drugs like marijuana carry serious charges. Selling marijuana to an underage is convicted as a felony, and the accused can face up to 7 years in prison in addition to contributing to the delinquency of a minor and drug charges.

Making a Minor a Dependent of the Juvenile Court

There are different reasons that can cause a child to become a “dependent of the juvenile court” under California law. Being a “dependent of the juvenile court” means that the court will intervene and take full responsibility as their guardian. When this happens, the court removes the minor from their home and places them under their care. Some of the reasons that may cause this include:

• If the guardian leaves the children with no means of support
• If the children are victims of sexual abuse, child neglect, or child abuse
• If their siblings are subjected to abuse or neglect
• If they face cruelty from a member of their household
• If mistreatment from their guardian makes them suffer emotional damage

If you make a minor into a juvenile delinquent, it means that you encouraged or caused a minor to engage in an act that led to their conviction. Note that an adult can only be charged formally for contributing to the delinquency of a minor after they have been found guilty under California law.

Transporting or Luring a Minor Below 14 Years

California law prohibits the act of transporting or luring children below 14 years. Any adult above 21 years who lures or transports a child below 14 years with no pre-existing relationship could face charges of contributing to the delinquency of a minor in California.

There are various elements that must be present for you to be convicted for this crime. They include:

• You willingly communicated with a child below 14 years
• You were aware or should have reasonably known the child was below 14
• You intended to transport, lure, or persuade the minor away from their legal guardian without consent
• You intended to avoid their legal guardian’s consent

Only an adult above 21 years who is a stranger to the minor can face criminal charges of transporting or luring a minor. You also need to have no substantial relationship with the victim or create a relationship to lure them.

Who Can be Charged with the Offense of Contributing to the Delinquency of a Minor?

Under California law, only legal guardians, parents, or adults who had custody of the child at the time of the crime face the charges. The term “contribute” can be subjective; hence the judge has the liberty of deciding if you indeed contributed to the delinquency of a minor.

Minors do not have to engage in actual criminal activities for an adult to be convicted for contributing to the delinquency of a minor. If the minor thought of committing the crime, that is enough to have you convicted. For instance, if you incite a minor to engage in burglary and he begins hunting for the required tools but gets caught just after gathering the tools, but before committing the actual crime and tells the police the whole incident, you could face contributing to the delinquency of a minor charge if the police believe his story.

Exceptions of Contributing to the Delinquency of a Minor Law

Different states have various exceptions to the law, mostly in alcohol-related cases. Below are some exceptional examples related to the consumption of alcohol for various reasons:

• Consumption of alcohol for medical reasons — Available in 16 states
• Consumption of alcohol with parental consent at home — Available in 6 states
• Consumption of alcohol for culinary purposes (cooking with alcohol in catering school) — Available in 7 states
• Parental permission when a minor is with the legal guardian at a hotel that serves alcohol — Available in 11 states
• Consumption of alcohol for religious reasons (for instance, taking holy communion in church) — 25 states
• Consumption of alcohol during government research (taking part in a medical study) — Available in 4 states

Note that the court follows the CDM laws of the state that the crime took place, not where you reside.

Being Charged with Contributing to the Delinquency of a Minor

In California, contributing to the delinquency of a minor is charged as a misdemeanor; however, this depends on several factors, including any injuries sustained During the crime, the severity, and if the defendant has been convicted for a similar offense before, second-time offenders and those who encourage young adults to commit serious crimes like burglary are charged with a felony, and the punishments are more severe.

Penalties for Contributing to the Delinquency of a Minor

Ca penal code 272 is divided into two sections, namely:

• PC 272 (a) — This section handles the direct contribution to the delinquency of a minor.
• PC 272 (b) — This section focus on transporting or luring a minor

Penalties for violation of Penal code 272(a) include:

• Detainment in jail for one year
• Fines of $2,500

Penalties for violation of penal code 272(b) include:

• Detainment in jail for six months
• Fines of $1,000

Registration as a Sex Offender

If you are charged with transporting or luring a minor or contributing to the delinquency of a minor and your crime involved engaging in sexual conduct with the minor, you could be subjected to registering as a sex offender under PC 290.

This registration is mandatory for those who intended to engage in conduct for sexual gratification. If you are ordered by the court to register as a sex offender, you would be expected to register with your local police station every year and also update your address annually.

Possible Legal Defenses to Contributing to the Delinquency of a Minor

If you are facing charges for contributing to the delinquency of a minor, there are several legal defenses that you can use to fight your charges. However, any legal defense against these charges would require a thorough look at the circumstances and facts surrounding the case. Here are some of the most common defenses:

• You believed beyond reasonable doubt that they were not a minor — Some minors act and look more mature than their age. If you are able to prove to the prosecution that you had a reasonable belief they were not a child, you cannot be prosecuted for contributing to the delinquency of a minor. Remember one of the key elements of this crime is that the accused must have been aware that they were engaging a minor in a crime.

For instance, you sit next to a minor in a club and decide to buy them alcohol, not knowing that they used a fake ID to enter into the club. In such a case, you cannot be charged with contributing to the delinquency of a minor since the child concealed their actual age.

• False accusation — Being falsely accused by a minor is not uncommon. Some minors will accuse someone falsely to seek attention or take revenge. Other times, an adult can plan with the minor and make false allegations because they know this crime carries severe penalties. They could do this to win a child custody case or ruin your repetition. If you can prove that you were falsely accused, you cannot be convicted for contributing to the delinquency of a minor.
• The minor is difficult to control or has extreme behavioral disorders — Not all children are easy to handle; you could be a guardian to a nearly uncontrollable child. At times the court may charge the guardian of a minor who has been convicted in a juvenile court severally or a minor who is always a truant from school. They could accuse you of failing to provide care and supervision hence charging you with criminal negligence and contributing to the delinquency of a minor. If you can prove to the prosecution that your child is nearly uncontrollable, your charges may be dropped.

Note that California courts make exceptions for parents of children with behavioral disorders.

Offenses Related to Contributing to the Delinquency of a Minor

There are offenses that are mainly charged along with or together with contributing to the delinquency of a minor. Depending on your case, you may also be charged with:

• Providing a minor with alcohol (Business and Professions Code 25658) — Under this statute, it is illegal to furnish or sell alcoholic beverages to children below 21 years. If charged with California PC 272, it is a misdemeanor offense.
• Providing marijuana to a minor (Health and Safety Code 11361) — This statute makes it illegal for an adult to:
• Induce an underage to use marijuana,
• offer, give, or sell marijuana to a child
• Use or employ a child to give away or sell marijuana

When this charge is charged together with contributing to the delinquency of a minor, the adult could face felony charges.

• Sending harmful materials to underages (Penal code 288.2) — This statute prohibits adults from exhibiting, distributing, or sending obscene, lascivious, lewd, or harmful material to children below 18 years. Whether convicted with or alongside contributing to the delinquency of a minor, this offense is a felony under California law.

Frequently Asked Questions About Contributing to the Delinquency of a Minor

Can I be convicted for contributing to the delinquency of a minor if I offer my neighbor’s 11-year old a ride to school?

You cannot be charged with transporting or luring a minor under 14 years for offering them a ride to school. But, depending on your relationship with their parents, they could be offended and file charges against you. If this happens, it is upon the prosecution to determine if you had any criminal intent or intentionally avoided the parents’ consent.

Could I be charged with contributing to the delinquency of a minor if I let my young adult hold a party at home with alcoholic beverages?

Yes. You could face multiple charges, including giving alcohol to minors which is a different offense and contributing to the delinquency of a child. If the consumption of alcohol led the minors to commit a crime, your charge of contributing to the delinquency of a minor could carry severe punishment.

I got held up at work and could not pick my child from school before curfew. Could I be charged with contributing to the delinquency of a minor?

You could be charged with contributing to the delinquency of a minor if your child is found outside their home past curfew hours. The prosecution could accuse you of child negligence, and if this happens severally, your child could be taken away by Child Protective Services.

Can another minor be charged with contributing to the delinquency of a minor?

No. For instance, Mike (17) and Anthony (16) get fake ID cards and enter a club, but they get caught. They will both face similar charges for trying to conceal their age, but none of them will be charged with contributing to the delinquency of a minor since they are both minors.

What if I am a 21-years-old and got a 16-year-old girl pregnant?

Anyone below 18 years cannot legally consent to sexual activities in California. Having sex with a person below the age of consent is considered a crime that can be convicted as a misdemeanor or a felony.

Find a Criminal Defense Attorney Near Me

Even if you do not commit a crime or illegal activity yourself, you might face serious penalties under penal code 272 if you encourage a minor to undertake the illegal act. If you are facing charges for contributing to the delinquency of a minor in Van Nuys, CA, our criminal defense attorneys at Leah Legal are ready to help defend you. Contact us today at 818-484-1100.

You may be conversant with the phrase ‘contempt of court’ by watching real-life court proceedings or a courtroom drama. But what exactly does the term mean? California PC 166 provides a general definition of contempt of court as engaging in any disrespectful or defiling conduct to the court process or acting in a way that insults the court’s dignity or authority. Often, contempt of court takes the form of acts or behavior that’s considered detrimental to the court’s capability to administer justice.

There Are Two Types of Contempt of Court

California contempt of court cases can be classified into two: criminal and civil contempt of court. When you fail to obey a court-issued order that benefits the opposing person (civil court order), you’ll be in civil contempt of court. Examples of actions that may lead to you being cited for civil contempt include:

• Failure to produce certain documents to the court.
• Failure to make child support payment despite the court directing you.
• Failure to adhere to the court-ordered child visitation schedule.
• Failing to attend court-ordered parenting classes.
• Failing to appear for a court hearing.

Criminal contempt of court involves committing any offense against the judge or court’s dignity or authority or doing any action that disrupts court proceedings. Conduct that can constitute criminal contempt of court include:

• Disrupting court proceedings.
• Refusing to be sworn in as a witness during a trial.
• Behaving disrespectfully during court proceedings, such as belligerent or loud or yelling at a judge/juror.
• Communicating with the jurors.
• Insulting the judge.
• Disobeying a court-issued stay-away, protective, or restraining
• Failing to show up in court whenever required.
• Publishing a false statement of a court proceeding.
• While testifying as an eyewitness, declining to answer questions when there’s no legal exception.
• Willfully disobeying the terms of a legal injunction.
• Disobeying any court-issued order.

The distinction between the definition of criminal and civil contempt isn’t always definite. A judge has broad discretion on how to categorize certain actions based on given factors. The different factors they consider when deciding whether to hold a contemnor in criminal or civil contempt include the severity of the contemnor’s conduct and the nature of the underlying court proceeding (civil or criminal).

Judges also have the power to decide who to hold in contempt of court. Generally, anyone can be subject to contempt charges, including witnesses, attorneys, parties to a proceeding, people around or in a proceeding, jurors, and staff or officers of the court itself.

Criminal and Civil Contempt Are Similar In Some Aspects

One of the similarities between criminal and civil contempt of court is that both may result in criminal and civil proceedings.  Another similarity is that both cases may proceed independently of the case the contempt charges arose.

Most people believe that criminal contempt cases involve imposing criminal penalties, whereas civil contempt cases do not. This isn’t true. Regardless of its name, a civil contempt charge can result in criminal consequences, such as incarceration and fines, just like a criminal contempt of court case.

The Difference Between Criminal and Civil Contempt of Court

Criminal and civil contempt cases are different in terms of their consequences, the required burden of proof, defenses, presidential pardons, and objectives.

• Presidential pardons— if you’ve been accused of being in criminal contempt of court, the president may pardon you. This remedy is usually unavailable in cases of civil contempt.
• Due process legal rights— unlike civil contempt, criminal contempt is a criminal offense, so judges decide these kinds of cases in criminal proceedings. Therefore, if you’re charged with being in criminal contempt, you’re entitled to the due process legal protections availed to a person accused of any other crime. In other words, you have the same legal rights as a person charged with any other criminal offense. For instance, you have the right to an attorney (and for the court to appoint a lawyer for you if you can’t afford one) and to be presumed innocent until proven guilty. You also have the legal right to a jury trial and confront your accuser (victim) during the criminal proceedings.
• Defenses— if you face civil contempt charges, you may argue the impossibility defense when you’re entirely incapable of complying with the terms of the court-issued order. You can’t use this defense if accused of criminal contempt merely because criminal contempt involves an overt act, not a failure to act.
• The required burden of proof— civil contempt case can be proven by the standard of clear, convincing evidence, meaning the proof submitted has to show that it’s more likely than not that the defendant was indeed in contempt of court. Criminal contempt of court requires a higher standard of proof where the prosecutor must show beyond any reasonable doubt that the accused was in contempt of court for a conviction to occur.
• Consequences— usually, the punishment imposed in criminal contempt cases is final and can’t be lifted merely by promising to correct or not repeat the contemptuous conduct. Conversely, civil contempt can be conditional. In most cases, the judge can lift the imposed penalties and charges upon adherence to the court-issued order. For instance, if you’re detained for concealing evidence in a particular case, you may be set free right after you produce it and apologize to the court.
• Objectives— The penalties that a judge imposes for civil contempt are intended to force the offender to adhere to the issued court order and restore the rights of the wronged person. A civil contempt sanction ends when the case during which the contempt occurred is concluded or when the supposed offender adheres to the court-issued order. On the other hand, the penalties imposed for criminal contempt aim to punish the alleged offender for disrespecting the court’s dignity or authority and deter that kind of behavior. They can remain long after their case is resolved.

This difference can also relate to fines or other imposed penalties. If the fine or penalty was intended to reimburse another person, it’s civil contempt. And if it’s meant to punish the individual in contempt of court, it is criminal contempt.

Direct vs. indirect Contempt

Contempt can also be classified as indirect or direct. Direct contempt happens when an action occurs inside a courtroom. That is, you commit direct contempt if you commit an act in the judge’s presence or close to them. On the other hand, indirect contempt occurs when you commit an action outside of the courtroom. Generally, civil contempt occurs indirectly while criminal contempt occurs directly, although this isn’t always the case.

Like it is with other charges that may subject you to penalties, you want to defend the contempt of court charges against you with the assistance of a skilled criminal defense lawyer. Soon after you’re informed of your contempt of court charges, seek legal advice and help and start building an effective defense strategy.  A solid defense strategy may have your charges reduced or dropped entirely.

Incarceration for contempt of court may start immediately before the contempt charges are adjudicated and the sentence decided. Based on the case and jurisdiction, the same judge who held you in contempt may be the one to preside over your contempt proceedings.

Criminal Contempt of Court Charges

While criminal contempt of court incorporates many actions, the most commonly committed act is violating a court-issued order. A court ruling can be any directive, instructions, or order given by a judge or court, requiring a person to take specific actions or abstain from doing given acts. The order, directive, or instructions can comprise acts outside the courtroom, like the requirement to obey a subpoena and an order concerning courtroom behavior. When a judge orders you to follow a given order, directive, or instructions, you must oblige. Failure to which, you may be held in contempt and subjected to criminal charges.

For the judge to convict you of criminal contempt for disobeying a court-issued order under PC 166, the prosecution has to prove these facts:

• A judge did issue a valid order.
• You were aware the judge had issued the order.
• You had the present capability to obey the terms of the order, but.
• You willfully failed to do so.

As to you knowing a court-issued order existed, the prosecutor must show that you were aware the court had issued a legal order, and you had the chance to read through a copy of the order, even if you didn’t do so. Note that anyone can be prosecuted for disobeying a court-issued order, including minors and adults. If you willfully failed to obey a court-issued order, it means you willingly or purposefully did so.

Criminal contempt is a misdemeanor offense. Punishment upon a conviction includes a county jail sentence of six months and a fine not exceeding 1,000 dollars. Based on the facts surrounding your case, the judge may order community service instead of a fine. Note that if charged with contempt of court when you have a pending case, or if you committed another crime while, at the same time, being in contempt, you may be convicted of contempt of court and the other charge.

Even though the standard penalties for criminal contempt are 1,000 dollars in fines and six months in jail, some situations can result in more severe consequences. These situations include when you:

• Possess/own a gun in violation of a court order.
• Violate a restraining order when you have previously been convicted of stalking.
• Disobey the terms of a court-issued domestic violence restraining order.

If any of the above factors apply in your case, you’ll still face misdemeanor charges, but you may face a county jail term of one year upon a conviction.

A second, third, or subsequent criminal contempt for violating a court order can be wobbler if the court order was a restraining order and:

• Your current violation happens within seven years of the previous violation.
• The violation entailed violent behavior or credible threats of violence.
• The protective order connected dependent adult or elder abuse, sexual injury upon a minor, and domestic violence.

A wobbler is a crime that the prosecution can charge as a felony or misdemeanor based on the facts of the case and the defendant’s criminal history. If convicted of a misdemeanor, you’ll be subject to a county jail sentence of one year. If convicted of a felony, the penalties you’ll face include 16 months or two or three years in prison.

Fortunately, contempt of court conviction generally doesn’t have any adverse immigration repercussions. Some crimes in California result in an alien defendant being labeled inadmissible or deported. Examples are aggravated felonies and crimes that involve moral turpitude. Contempt of court is neither an aggravated felony nor a crime of moral turpitude. Therefore, it won’t result in any immigration consequences.

A conviction of contempt of court will also not affect your firearm rights. California statute states that some criminal offenses like felonies will lead to the defendant losing their right to possess or own a firearm. Contempt of court isn’t among these offenses.

You Can Defend Yourself

We mentioned that if charged with criminal contempt, the prosecutor has the burden of proving beyond any reasonable doubt that you’re guilty. On the other hand, you as the defendant are allowed the same rights as a person facing any other criminal charges, including the right to legal counsel and to be presumed innocent until proven guilty. This means you can reach out to a skilled attorney to help prove your innocence. Common legal defenses your lawyer can argue if charged with contempt include:

• The violation wasn’t willful— remember we discussed that if you are accused of contempt of court for violating a court order, you must have willfully violated the order to be convicted. This means if your lawyer can successfully prove that you didn’t disobey an order willingly, you may not be found guilty.
• Your conduct wasn’t disorderly— contempt of court law outlines specific acts that constitute disorderly behaviors. This means your lawyer may be able to prove your innocence by arguing that your conduct didn’t rise to the level of being disorderly.
• False accusations— wrongful accusations are common under contempt of court law. This is particularly true in violating an order matter when a relationship has taken a wrong turn and one of the parties wants revenge. You shouldn’t be convicted if your lawyer shows that the victim unjustly blamed you.

Note that you want to fight to avoid a guilty verdict for contempt of court because a conviction will appear on your criminal record, and anyone will be able to see it if they conduct a criminal background check on you. However, even if you’ve been found guilty, you can have your conviction record expunged, so it doesn’t appear on background checks.

You are allowed to delete your conviction record if you successfully serve your jail sentence or comply with every probation condition, whichever applies. Apart from your conviction not appearing on background checks, an expungement also removes many challenges associated with a guilty verdict, like being unable to rent an apartment.

Contempt of Court May Affect Your Underlying Case

If you’ve been charged with contempt of court and have a pending case, it means you will face two separate charges. For instance, if you’re on trial for a drug crime and are accused of contempt of court, you’ll now be facing a drug crime charge and contempt of court charge. Even if you’re eventually found innocent of the drug crime, you’ll still face penalties for criminal contempt.

Contempt of court may have a slight effect on your underlying charges. For instance, if you’ve been charged with DUI and are out on bail with various conditions like IID installation, contempt of court charges for failing to appear in court may result in the judge finding another way to enforce the conditions. This means they may impose more restrictive conditions like the requirement to wear a Secure Continuous Remote Alcohol Monitor (SCRAM) or remain under house arrest with electronic monitoring. 

Contempt of court may also see you facing more consequences than what your underlying charges carry. For instance, if the judge decides to impose a fine for contempt of court, you may have to pay the fine in addition to what the judge will impose for your underlying case if found guilty.

Contact a Van Nuys Criminal Defense Attorney Near Me

If you’ve been accused of being in contempt of court, work with a skilled defense attorney to build a compelling defense strategy for your case. If your court order wasn’t criminal law-related, the attorney who handled your past case might not possess the expertise to help you effectively defend against the charges you face.

This means you have to seek help from a criminal law lawyer. At Leah Legal, we handle all kinds of criminal cases, including criminal contempt. We will listen to your side of the story and help you fight to prove your innocence and clear your name. Call us today at 818-484-1100 if you’ve been charged in Van Nuys, CA, to schedule a free initial consultation with one of our expert attorneys. 

When accused of a felony, you will be looking at hefty fines and a lengthy prison term upon a conviction. But before it comes to that, you are allowed to defend yourself, prove your innocence and seek to have your charges dismissed before trial. Charge dismissals do not come easy, especially felony charges. No criminal defense attorney can guarantee a charge dismissal. However, no two cases are the same, and prosecutors do not have an option but dismiss some charges. Likewise, a judge may find that your legal rights were violated and dismiss your case. So how do you have the judge or prosecutor dismiss your charges?

The Primary Way of Having Your Felony Charges Dismissed is By Filing a Dismissal Motion Under PC 995

In California’s criminal process, a Penal Code 995 motion gives you the choice of requesting the trial judge to drop your felony criminal charges after your preliminary hearing, during which you have to respond to the criminal accusations against you. Simply put, this is a motion seeking a dismissal of criminal charges. It is brought after the preliminary hearing for felony cases.

Generally, when the prosecutor files felony charges against you, the jury may indict you, or you may be subject to a preliminary hearing during which a judge establishes whether there is sufficient evidence or probable cause that a felony was committed and you committed it. If the preliminary court judge finds you committed the crime, you will be held and be presented before the court for trial. At this point, your lawyer may file a motion under PC 995 to dismiss your charges. This motion seeks the trial court judge to drop part or all of the criminal charges against you. It applies where all counts are for felony offenses or include misdemeanor and felony charges. You cannot use it on purely misdemeanor charges because if they are not felony charges, the court will not conduct a preliminary hearing.

You can also file this motion to challenge special circumstances claims and a sentence enhancement request by the prosecutor. The motion depends on the transcript from your preliminary hearing. As we mentioned, this is the hearing where the judge decides whether there is probable cause to every fact of the crime in question or if special circumstances or enhancements exist. All charges, including special circumstances and sentence enhancements, have to be supported by facts. The judge presiding over your preliminary hearing must determine whether or not the facts are compelling enough to warrant a court trial.

If you believe the judge presiding over your preliminary hearing erroneously permitted your case to go to trial, you can file a Penal Code 995 motion to dismiss. This requests the trial court judge re-evaluate the decision of the preliminary hearing judge. That is, it is an appeal of the preliminary hearing judge’s decision to set the case for trial, and it is often referred to as a ‘motion to set aside information.’  Generally, the trial court judge will agree to your request if they determine there were not enough legal bases to take your case to trial.

When It Is Appropriate

There are many situations where a Penal Code 995 motion to dismiss is appropriate. But the most prevalent circumstances include Illegal commitment for trial and commitment without probable cause.

Commitment With No Probable Cause

Per the United States Fourteenth Amendment’s Due Process Clause, a judge must have probable cause to try a defendant for an offense. This means a judge will only try your case if the charges are fact-supported. These facts need not show that you are guilty beyond any reasonable doubt. Whether or not you are guilty beyond any reasonable doubt is a matter decided by the judge or jury. However, the facts should be adequate that any rational individual could have a strong and honest suspicion that you are indeed criminally liable for the charges against you.

Illegal Commitment for Trial

You are illegally committed if you are denied a significant legal right during your preliminary hearing,  including but without limitation, the legal right to:

• Legal representation
• Advice that you can have legal representation
• Have your preliminary hearing held in one session
• Cross-examine and present witnessed during the hearing

Illegal commitment and commitment with no probable cause can manifest in many situations. The most prevalent of these situations include, without limitation:

• Procedural errors or missed deadlines— the prosecution has only 15 days from the date of your preliminary hearing to file the trial complaint (the information) against you. The trial complaint charges you with the counts seen to have probable cause to try you. If it does not file the complaint within fifteen days after the hearing, the judge presiding over your trial should grant your PC 995 motion.
• Failure to provide exculpatory proof or any other discovery— the Fourth Amendment Due Process Clause dictates that the prosecution must disclose all evidence favoring the accused. If it willfully fails to do so, the criminal charges ought to be dismissed.
• A Fatal finding of facts— at times, the preliminary hearing judge makes a factual finding that is inclined to indicate the accused’s innocence. An illustration is a finding that the key eyewitness lacked credibility or that the testimony was too incredible for a reasonable individual to believe. For example, an eyewitness may have failed to sufficiently identify the accused due to the distance from where the crime occurred and poor lighting. Or, the eyewitness may only have testified that the accused resembled the culprit. If that is the only proof supporting a criminal charge, the judge presiding over your preliminary hearing should not send the case to the trial court. If they do, it is a mistake. The trial court judge should agree to the PC 995 motion to dismiss.
• Insufficient proof— the prosecutor should submit facts that support all the elements of your crime, including:
  • The basis for a finding of special circumstances
  • Any grounds for a sentence increment
  • All the elements of any misdemeanor charge
  • All the facts of every felony charge

For instance, the prosecutor must demonstrate probable cause that you specifically intended to commit an offense and enough evidence of a component of the criminal offense in question. For instance, evidence that the stolen property was worth at least nine hundred and fifty dollars to accuse you of grand theft.

• Illegal evidence— the police should not acquire proof of an offense by breaking the state and federal laws on search and seizure. If any evidence or testimony in your case was obtained through an unlawful search, the trial court judge must grant your motion to dismiss. For instance, the preliminary judge should dismiss your drug possession case if the police entered your home with no valid warrant and found drugs, and the only proof of you possessing illegal drugs is from the unlawfully searched property. Should the judge incorrectly allow it to proceed to trial, your lawyer can bring a PC 995 motion.
• The preliminary hearing did not happen in one session— whereas many preliminary hearings are completed in one hour or less, some cases have more than one count, or the charges are intricate in that the hearing may last several days. ‘One session’ does not imply a single day or week. If your hearing must be prolonged over a given period, the judge presiding over your preliminary hearing must prioritize the hearing. If they put the hearing off to hold a one-week trial, for instance, you can seek a charge dismissal for the judge violating your procedural due process right.

The Procedure for a PC 995 Motion

Generally, a motion to dismiss under PC 995 is virtually always filed in trial courts with a different judge from the one who conducted the felony preliminary hearing and before any other pre-trial proceedings. Although this is legally unnecessary, this process is preferred over letting the judge who conducted the preliminary hearing hear a PC 995 motion.

This lets the PC 995 motion process check your preliminary hearing, with fresh people re-assessing the charges for apparent mistakes. However, note that the trial court that hears the 985 motion is not evaluating your preliminary hearing record as though it had heard the hearing itself. The trial court will afford all sensible inferences favoring the determination of the preliminary hearing judge.

However, there are rare instances where the trial court determines that the proof presented during the preliminary hearing was inadequate and the judge made a mistake in committing the accused for trial. This establishment would lead to the trial court judge vacating the complaint and dismissing the charges entirely.

The PC 995 motion hearing does not last long— usually not more than an hour. Your lawyer presents their arguments first, followed by the prosecution. Your lawyer will then be allowed to make closing arguments. The judge usually issues their decision soon after the end of the arguments. However, they may sometimes continue with the case to further consider the presented statements.

PC 995 Chance to Have Your Criminal Charges Dismissed

Therefore, through the PC 995 vehicle, defendants have the chance of having a judge dismiss their charges entirely without risking a trial by the jury. This is unique in the state’s criminal process.

Should the trial judge grant your motion under PC 995, they will dismiss the charges against you. However, the DA may appeal the judge’s decision. Pending the resolution of the appeal, the prosecution can:

• Choose to continue with a bench or jury trial on the remaining counts.
• Seek a continuance of the trial until the resolution of the appeal.

Alternatively,  the prosecution may skip the appealing process and go ahead to refile charges on the dismissed counts except if factual findings were clearly made, which should have been detrimental to your case. If those counts are dismissed again, the prosecutor is prohibited from re-filing them for the third time.

If the charges against you are dismissed following a PC 995 motion, and you had paid bail, the court should either refund your bail amount within fifteen days or allocate the amount to your new charge if the DA refiles charges.

If the trial judge denies your motion, you could also appeal their decision. If your motion is based on a commitment without probable cause, you would have fifteen days to appeal the judge’s ruling, and if it is for an unlawful commitment, you would have sixty days from your arraignment to appeal. If you do not file the appeal or lose the appeal, your case will go to trial.

There Are Also Other Ways to Have Your Felony Charges Dismissed

There are also other ways you can have your felony charges dismissed. These include:

Pre-Trial Diversion Programs

Some crimes, especially those involving domestic violence, drugs, or DUI, can be diverted into pre-trial rehabilitation services. Whereas diversion program terms and conditions vary, they usually involve the accused entering a guilty plea, receiving a suspended sentence, and enrolling in the program. If you complete the program, the prosecutor will drop the charges against you. Most pre-trial diversion programs have strict requirements for eligibility. If you have any criminal record, you might not qualify. You also want to talk to your attorney before entering a pretrial diversion program. Should you fail to complete the program, your case can be sent back to court, having already pled guilty to the charges.

Agree to a Plea Deal

You can have your felony charges dismissed by accepting the prosecution’s plea deal that involves pleading guilty to misdemeanor charges instead. Plea deals are often an option when the DA is uncertain if they can substantiate their case. However, before pleading guilty to a misdemeanor to have your felony charges dismissed, you need to be advised by your lawyer because as much as doing so has advantages, it also has disadvantages.

The advantages to this plea deal include lower fines, fewer immigration problems, less possible incarceration period, less harsh probation terms, a higher chance of criminal record expungement, and less severe collateral consequences. The disadvantages include:

• An automatic criminal conviction,
• You will not defend against what might have been a weak case, and
• Waiving legal defenses that might have resulted in an acquittal at trial.

You need to make an informed decision about whether you should agree to the plea deal. Your lawyer can give you the insight you need to make the correct choice.

Cooperate with the Prosecution on a Different Case

You may have the chance to have your felony charges dismissed in exchange for your help. This could entail:

• Flipping on your co-defendant
• Testifying against another person in another case
• Cooperating with the police in collecting proof against a criminal associate

The D.A will only dismiss the charges against you if you have proof they can use against another person. This means this strategy is uncommon. The negotiations leading to this kind of arrangement can be extremely sensitive. If conducted correctly, you can have your charges dismissed and ensure you are protected after helping the prosecutor.

Deferred Entry of Judgment

California authorizes courts to form deferred entry of judgment programs. If yours is a nonviolent felony, you may qualify for this program. Deferred entry of judgment programs resembles pretrial diversion. You have to enter a guilty plea to enroll in the program. If you finish the program, the court will dismiss your charges. But if you do not finish, the court will sentence you depending on the charges against you.

Motion to Suppress Evidence

If the law enforcement officers violated your constitutional rights when investigating you, your lawyer could bring a motion to suppress the evidence. The judge might then exclude the proof the police gathered. Without the evidence, the prosecution may be forced to dismiss your felony charges for lack of sufficient proof to sustain a conviction or reduce them to a misdemeanor offense. The court may also suppress evidence for several reasons, including coerced confession and illegal search.

Find a Skilled Criminal Defense Attorney Near Me

If you have been accused of a felony offense, have undergone a preliminary hearing, and your case is moved forward to the trial court, you want to consult with a knowledgeable defense attorney about your eligibility for a PC 995 motion to dismiss. Even if your request is eventually denied, filing it puts the prosecution and court on notice of the critical matters in your case and can usually influence a more favorable outcome for your case. Effective litigation during the PC 995 motion hearing is essential in attaining the best possible outcome in a felony criminal prosecution.

At Leah Legal, we will help you review your case and determine whether you are eligible for a PC 995 motion. Not only that. We will also help you file this motion and argue it aggressively to ensure we obtain you the most favorable results. If you do not qualify for the motion, we will use other avenues to seek your charges to be dismissed. We will be by your side throughout the criminal process for your case, giving you the legal advice and assistance you deserve. Call our experienced Van Nuys criminal defense lawyer at 818-484-1100 to schedule a consultation if charged with a crime in Van Nuys, CA.

In California, driving under the influence is one of the most common offenses. The court normally charges a first-time DUI as a misdemeanor offense. However, a DUI charge can have far-reaching consequences. The charge can affect your finances and employment prospects and tarnish your criminal record. Some DUI conviction consequences are short-term, while others have a long-term effect. Some of these consequences include temporary license suspension, fines, increased insurance premiums, and serving time in jail in some cases. Therefore, understanding the effects or consequences of a DUI conviction is critical. Consequences of a DUI conviction are:

You May Face Jail Time

The jail time you serve for a DUI conviction will depend on whether it is the first time you are charged with the offense and the seriousness of the offense. If the charge is your first DUI charge, the court can sentence you up to six months in jail. For a second DUI charge, the court can sentence you to a prison term of up to one year. For a third DUI conviction, the judge can sentence you to a maximum jail term of one year or sixteen months in state prison.

The court can sentence you to sixteen months to three years in state prison. When you cause bodily harm due to DUI, the prosecutors charge the crime as a wobbler in California. Therefore, the court can charge the DUI offense as a misdemeanor or a felony. When the court charges the DUI as a felony, the judge can sentence you to sixteen months to three years in state prison.

Monetary Consequences: Fines And Restitutions

For a first-time misdemeanor DUI, the fine ranges from $390 to $1,000. The court may also charge you additional fines and charges which can raise the total fines to $3,000 or more.  For a second time charge, the fine ranges from $390 to $1,000. However, the fines may increase to $4,000 or more due to penalty assessment. For a third DUI charge, the fines range from $390 to $1,000. However, penalty assessment can substantially raise this amount to a total of $18,000. For a fourth and subsequent DUI misdemeanor charge within ten years, the fine ranges from $390 to $5,000 but the penalty assessments can raise this amount to $18,000.

You may also have to post bail if you are arrested for the offense. The authorities may also impound your vehicle, where you must pay for the towing and storage charges. If you caused property damage or injured a victim, the judge will order you to pay restitution.

Your License Suspension

If the authorities arrest you for a first-time DUI charge, the court can suspend your license for six months. Additionally, the Department of Motor Vehicle (DMV) will suspend your license for four months. If you refuse a BAC testing, the department increases the suspension to one year. However, you may qualify for a restricted driver’s license after thirty days. The DMV may suspend your license for two years for a second DUI conviction. However, you don’t lose your license immediately after the authorities arrest you for DUI. Rather you lose your driving privileges if you fail to request a DMV hearing or if you lose the hearing.

You must request the DMV hearing within ten days of your arrest. If you fail to do so, the department will automatically suspend your license. However, it only suspends your license if your BAC was 0.08% or above during the arrest. If the chemical tests subsequently show your BAC was below 0.08%, the department will not suspend your license. However, the DMV allows you to drive with a suspended license, provided you install an ignition interlock device in your car.

The DMV hearing and court hearing in a DUI charge do differ. The DMV hearing deals solely with your driving privilege. On the other hand, the court hearing determines whether or not you are guilty of the offense. Even if the DMV suspends your license, you can receive a restricted license to drive to work, school, or a California DUI school.

California has two types of restricted licenses. The IID restricted license and a normal restricted license.

• The IDD Restricted License

The IID stands for an ignition interlock device. The IID is a breathalyzer that prevents the car from starting if it detects alcohol in your breath. The DMV allows you to drive anywhere on a suspended license provided you have installed the IID. However, you have to complete DUI school and pay all fees for the department to issue you with the IID restricted license.

• Restricted License

A restricted license allows you to drive to work, school, and a California DUI school in California. However, you also have to file an SR 22 form to obtain the restricted license. The waiting time to receive your restricted license will depend on the suspension type. You can receive your restricted license immediately if the suspension is court-triggered. If the suspension is DMV triggered, you have to wait for thirty days. If the suspension originates from the court and the DMV, you’ll have to wait for thirty days.

The Court Can Sentence You To Probation

The court can sentence you to probation for three years, although the probation period can extend to five years for your first-time DUI charge. You also have to complete a three-month DUI school as part of the probation condition. You must also attend at least thirty hours of classes. If the BAC level was 0.08%, you must attend the DUI school for nine months and 60 hours of classes. The court can sentence you to three years of DUI probation for a second charge.

However, the period can increase to five years. You must also complete an eighteen- or thirty-month DUI school. For a third DUI conviction, the court can sentence you to three-to-five-year probation. You also have to complete a thirty-month DUI school. For a fourth and subsequent DUI charge, the judge can sentence you to three to five years’ probation. You also have to complete thirty months in a California DUI school.

• Terms Of A DUI Probation

A DUI probation allows you to stay out of prison by agreeing to abide by the set terms and conditions. The terms of probation usually include paying a fine and completing a DUI school. You must also agree not to drive with any amount of alcohol in your blood system during the probation period. If you fail to follow the probation conditions, the court can revoke your probation and sentence you to jail.

In general, the court imposes certain conditions on your probation. Some conditions include three to five years’ probation and non-commission of any criminal offenses while on probation. You must also agree to a DUI breath test or chemical test if the authorities arrest you on suspicion of DUI. In addition, you should not drive with any notable alcohol level in your system.

Under California’s “zero tolerance” law, it is a criminal offense to drive with any detectable level of alcohol in your system while on probation. If the authorities arrest you for drunk driving when on probation, the court can revoke your probation. However, you can avoid the revocation if you spend forty-eight hours in county jail.

• IID As A DUI Probation Condition

Another probation condition the court may impose is the installation of the IDD. The ignition interlock device will only allow the car to start if your breath is free of alcohol. The judge may require you to install the IID as a probation condition if you have a high BAC level, usually 0.15% or higher, at the time of your arrest. You may also have to install the IID if you refuse to undergo the chemical or breath test during the arrest.

The court can direct you to keep the device installed for four months to four years. The installation period will depend on whether the DUI charge is the first, second, or subsequent conviction. Whether the charge was a standard DUI or you caused injury due to drunk driving. The law also requires you to install the IID if the authorities arrest you driving under the influence of drugs or alcohol or both on a suspended license.

Insurance Premium Consequences

Your insurance premium can rise to 165% in California after a DUI conviction. Therefore, after the court charges you with a DUI conviction, your insurance premiums become more expensive. The insurance providers increase the premium because they consider you a high-risk client. However, some insurance companies offer a better deal even after being charged with a DUI offense. You should therefore shop around to find the company offering the best deal.

In California, the insurance companies will continue to charge high premiums for the duration of your probation. For example, if your probation period is three years, you will pay the high premium rates for three years. The insurance companies usually decrease the premium rates once your probation period is over. However, some insurance providers may take longer than the probation period to lower the insurance premiums. As a result, finding an insurance company willing to insure a high-risk driver can be challenging. But you can use the California Automobile Assigned Risk Plan (CAARP), a program that helps high-risk clients find companies willing to insure them.

• You Don’t Have To Report Your DUI Conviction To Your Insurer.

No law in California requires you to report a DUI conviction, arrest, or driver’s license suspension to your insurer. However, the law requires you to report any accidents you have been involved in, whether they are DUI-related or not. The insurance companies can find out about your DUI charges using various methods. For example, the insurance can run a background check when renewing your policy. They can also find out about the DUI conviction if you tell them during the insurance application process.

Your insurance company is against the law to cancel your policy before its expiration date after a DUI conviction. However, the insurance provider can cancel the policy or change the terms once it is up for renewal. The law also requires the insurance providers to remove the good driver discount for your policy after a DUI conviction.

• Will Your Premium Be Affected If The DUI Charge Is Expunged?

Expunging the conviction only removes it from your criminal record. However, the DUI will remain in your driving record for ten years. Therefore, the insurance companies will still charge a high premium since your driving records show a DUI conviction. However, the authorities’ erase your DUI records after ten years if you are not arrested for DUI within that time frame.

A Criminal Record For DUI Conviction In California

Another consequence of a DUI conviction in California is a ten-year criminal record. A criminal record is not pretty as anyone who conducts a background check will find the DUI criminal record. Under California law, a DUI is a severe offense that appears in a pre-employment background check. The DUI will also appear in your vehicle record check an employer may conduct.

• The Criminal Record Complicates Your Job Application And Rental Property Prospects

Many job applications often ask if you have ever been convicted of a crime. This question may pose a dilemma if you have a previous DUI conviction. Some employers will become skeptical when you check the box as they don’t know if the criminal history is a misdemeanor or a series of felonies. Some landlords also check your background before they rent out their property. Therefore, having a DUI conviction also affects your ability to live in certain areas.

Attend Alcoholic Anonymous

Another consequence of a DUI conviction is attending AA meetings even if you are not a drunkard. The judge may require you to attend Alcoholic Anonymous or AA meetings at least once a week. The court will also give you an attendance form to verify your presence at the meeting. The meeting director will have to sign off for every session you attend.

Attend Mothers Against Drunk Driving Meetings

The court may also direct you to attend Mothers Against Drunk Driving. In California, the court usually requires first-time offenders to attend the MADD meetings. At least one person in the meeting shares how drunk driving has affected their lives. The sessions may also include a video presentation or a slide show. A police driver may also share the effects of drunk driving. The purpose of the meeting is to sensitize you on the impact of drunk driving on the community at large.

Hospital And Morgue (HAM) Program

The court may also refer you to the Hospital and Morgue program run by the coroner’s office. Under the program, you will visit the hospital, especially the ER, for four hours. You will also visit the morgue for four hours. The visit aims to show you the impact of drunk driving, especially the injury and death drunk driving can cause. The HAM program may also include a PowerPoint presentation. You will also observe as the coroner processes the bodies. The processing consists of photographing, fingerprinting, and undressing the bodies. You will also observe the coroner perform the autopsy. In some cases, the court may require you to write a 1,000-word essay about your experience in the hospital and the morgue.

Consequences Of Felony DUI Conviction With Bodily Injury

You can face more severe consequences when you injure someone in a DUI accident. If charged as a felony, you could face a fine of $390 to $5,000. Penalty assessment could increase the fines to as much as $18,000. The court could also order you to pay restitution, which may run to thousands of dollars, to the victims. Additionally, the judge may sentence you to a jail term of sixteen to three years in state prison.

The authorities could also suspend your license for up to four years or permanently suspend your driver’s license. The court could also sentence you to a three or five-year probation thorough which you must abide by certain conditions. If you fail to comply with these conditions, the judge may revoke the probation. If you qualify for the restricted license, you have to install an ignition interlock device in your vehicle for three years. Your criminal record for the next ten years will indicate you are a convicted felon.

Call A Van Nuys Criminal Lawyer Near Me

A DUI conviction can have devastating effects. The conviction leads to hefty fines and fees. You can also land in prison. The conviction also affects your criminal record, and employment chances increase your car insurance premiums and give you a bad reputation. If you cause serious injury or death as a result of a DUI accident, you also affect the lives and livelihood of the victim.

Therefore, if you are charged with a DUI, you need to enlist the services of a well-experienced criminal lawyer. At Leah Legal, we have years of experience representing clients facing DUI charges. We fight to have your charges reduced. If you or your loved one is facing a DUI charge in Van Nuys, CA, do not hesitate to call us today at 818-484-1100 for a free consultation.

En el Estado de California los padres pueden disciplinar a sus hijos usando la fuerza física y no será delito, siempre y cuando dicha fuerza no sea excesiva. Pero, si la Fiscalía comprueba que sometió al niño a lesiones físicas inhumanas o crueles, que por el castigo el niño sufrió lesiones corporales graves, y que cuando ejecuto la acción no se encontraba disciplinando al menor de forma razonable, podrá ser declarado responsable de cometer abuso infantil.

En este sentido, si usted actualmente enfrenta cargos por abuso infantil en Van Nuys, CA, debe comunicarse inmediatamente con el bufete Leah Legal, nuestros profesionales le ayudaran a entender su situación legal y lo representarán durante el proceso, elaborando las estrategias de defensa adecuadas que ayuden a obtener un resultado favorable. ¡Llame ya!

¿Qué actos son considerados abusivos en el Estado de California?

En principio, debe señalarse que en el Estado de California los actos señalados a continuación pueden considerarse como abusivos: Patear, abofetear, golpear, empujar, asfixiar, sacudir, quemar, o lanzar algún objeto a un menor son actos totalmente prohibidos por la ley. En este sentido, cualquier acto que le ocasioné un daño a un menor y lo dejé en estado traumático “inhumano o cruel” entrará en la categoría de abuso.

Por su parte, la legislación de California no ha establecido una definición respecto al término de injusto o cruel. Pero, el jurado podrá interpretar el término de acuerdo a su sentido común, lo que les genera una ventaja y maniobra a estos para decidir cuándo un acto puede ocasionar daños y considerarse abusivo.

¿De qué trata el delito de abuso infantil?

Según lo indicado en la disposición 273 literal (d) del Código Penal del Estado de California, se considera un delito infligir castigos físicos a un menor de edad. De manera que, aunque los progenitores pueden utilizar la fuerza física para impartir disciplina a su hijo, se considera ilícito el uso de fuerza excesiva.

En este orden de ideas, el Fiscal deberá comprobar los siguientes elementos constitutivos a fin de que una persona pueda ser condenada por este hecho ilícito:

• El sujeto sometió con intención a un menor a lesiones físicas o castigos crueles.
• El castigo o la lesión provocada por el sujeto acusado genera que el menor sufriera lesiones corporales severas.
• Cuando el acusado actuó no se encontraba disciplinando al menor de forma razonable.

Para comprender con mayor facilidad los elementos del delito, es necesario aclarar ciertos términos:

• Según la normativa se puede definir como “niño” a todo sujeto que posea una edad inferior a los 18 años de edad.
• Afección física traumática se refiere a un daño corporal o herida inducida por el uso de la fuerza física, sea mínima o grave.
• El término de “castigo físico” se relaciona sólo con aquellos castigos corporales, y no los castigos emocionales.
• La afección traumática debe diferenciarse de una lesión. Puesto que, la afección traumática hace referencia a una herida que fue inducida por el uso de fuerza, sea leve o severa. Mientras que, la lesión se genera voluntariamente cuando la acción que la generó se realizó con intención. De forma que, el sujeto no tiene que tener el propósito de incumplir la normativa o dañar al menor. Se podrá considerar que un daño o castigó género un estado físico traumante cuando ocurren las condiciones señaladas a continuación: En primer lugar, que el estado de trauma fue el producto natural y esperado del daño, en segundo lugar, el daño fue el principal responsable del desarrollo del trastorno, y, en tercer lugar, si no se hubiera realizado el daño o castigo el trastorno no hubiera tenido lugar.

Ejemplos

María quien es la madre de Max se siente en la obligación de castigar a su hijo y le propina unos azotes. En el Estado de California, el dar azotes (usando un objeto) se considera legal. De forma que, la madre no sería considerada responsable de cometer abuso infantil. No obstante, si la madre golpeó de forma repetida a su hijo hasta el punto que este se desmayó, y le generó lesiones, podrá ser considerada responsable de este delito.

Otro ejemplo, es en el caso de Pedro quien tiene 15 años y sale de su vivienda luego del toque de queda. Por su acción, el padre al percatarse que Pedro se había escapado lo espera durante la noche y cuando llega a casa le da una abofeteada. No obstante, por desgracia Pedro se golpea en la cabeza con una puerta y es llevado al servicio médico para que sean tomados unos puntos. En esta situación, el padre no tenía como fin generar lesiones a su hijo. Sin embargo, podría sufrir acusaciones si hubiera planificado abofetearlo, pero supongamos que el propósito del padre era pegarle a la pared y producto de un error terminó golpeando a su hijo. Frente a esta situación, no se considera responsable, puesto que, no contaba con la intención de golpear a Pedro.

Se debe resaltar que el ilícito de abuso infantil se considera un delito grave que genera alteraciones en la vida de un sujeto. Es por ello, que es calificado como delito grave según la normativa de California, y son impuestas sanciones severas en razón de las disposiciones.

¿Los azotes pueden considerarse como abuso infantil?

Es importante señalar que los azotes en California, no se consideran un acto de abuso infantil siempre y cuando se realicen por motivos disciplinarios, y no sea excesivo al punto de generar daños. Ahora bien, las excepciones pueden ser aplicables ya sean azotes solo con la mano o con algún objeto, estos son completamente distintos. No obstante, es fundamental considerar que el tema es bastante polémico, y los estándares actuales que son aceptados pueden resultar inadmisibles en un futuro. De forma que, el jurado podrá decidir que el azotar a un menor con la mano desnuda o usando un objeto es una forma excesiva de imponer disciplina.

¿Qué señales pueden evidenciar abuso en los menores de edad?

Cuando un niño se encuentra abusado presenta características particulares que demuestran su condición, algunas de estas son:

• Señales que advierten el abandono de niños: El que un menor lleve ropa mal arreglada, sucia, o inadecuada para el tipo de clima es señal de abuso, por su parte, si se encuentra en un estado de falta de higiene como seria ir a clases sin bañarse, sin un corte de cabello adecuado, o mal olor corporal, presenta enfermedades no tratadas, y tiene plena libertad para acudir a sitios peligrosos para un niño se evidencia claramente que es víctima de abandono.
• Señales que comprueban el abuso emocional de los niños: Cuando un niño es asustado, retraído, o preocupado es un signo alarmante de abuso. Asimismo, muestra cambios en su comportamiento siendo extremadamente exigente, complaciente, pasivo o agresivo con los demás, no tiene un vínculo con sus padres o tutor, se comporta de manera inapropiada ya sea como adulto cuando está con otros menores, o como niño que realiza acciones para llamar la atención como chuparse el dedo, o hacer rabietas.
• Señales que demuestran el abuso sexual en menores de edad: Cuando un niño no puede sentarse y caminar con facilidad, se interesa por conductas sexuales inadecuadas a su edad, evita que una persona se le acerque sin motivo alguno, no desea cambiarse la vestimenta delante de otros o al realizar deportes, padece enfermedades de transmisión sexual, o se encuentra en embarazo en el caso de las jóvenes son claras señales de abuso sexual.
• Señales que evidencian maltratos físicos en niños: En caso de que el menor presente hematomas o heridas que no tienen explicación, cortes de manera irregular, o que se encuentre siempre alerta y atento en espera de algo desagradable son evidencias de maltrato físico. De igual forma, las lesiones pueden seguir un patrón ya sea como la marca de un cinturón o de la mano. Por su parte, el niño presenta conductas evasivas, siempre está aterrorizado cuando debe volver al hogar y oculta las heridas, lleva vestimenta inadaptada como sería camisetas largas en días de extremo calor, entre otros.

¿Qué sanciones pueden imponerse en caso de que una persona sea condenada por este ilícito?

En principio, el abuso de menores es calificado como un “wobbler” según la disposición 273 literal (d) PC, por lo cual, el fiscal podrá decidir si lo presenta como delito menor o grave según las circunstancias específicas del caso y teniendo en consideración si cuenta con antecedentes penales o no. Es importante señalar, que si el acusado es considerado responsable pasará largo tiempo en prisión, y si fue condenado anteriormente por perpetrar el mismo ilícito su pena aumentará. Sin embargo, esto no será aplicable si han transcurrido 10 años desde el momento que fue sentenciado por el delito previo, o si no fue sentenciado por algún ilícito grave en el transcurso de ese periodo.

Aunado a ello, la Corte podrá imponer sanciones adicionales como orden de restricción contra la víctima, asistir a programas de educación para padres, someterse a exámenes médicos de consumo de sustancias, entre otros.

Ahora bien, si el fiscal considera el hecho como un delito menor las penas a imponer serán:

• Prisión por un lapso no mayor a 1 año en una cárcel en el condado,
• Pago de multas por una suma no mayor a $1.000, y de igual forma, puede imponerse una multa de $6.000,
• Ilícito menor (sumario) de libertad condicional.

Por otra parte, si es calificado como delito grave, las sanciones que puede conllevar son:

• Pena privativa de libertad por 2, 4, 6 años como máximo,
• Pago de multas por un valor máximo de $6.000,
• Régimen de libertad condicional (formal) por ilícito grave.

Es importante señalar, que, si el sujeto fue acusado anteriormente por este delito, la condena aumentará 4 años siempre que ocurran las condiciones señaladas a continuación: El sujeto cumplió su condena previa en un lapso de 10 años, y el sujeto no fue detenido por perpetrar algún ilícito grave en los 10 años anteriores.

Igualmente, es común que los condenados por este delito sean puestos en un régimen de libertad condicional en vez de ir a prisión, sea porque el ilícito se calificó como delito menor o mayor, la Corte cuenta con la potestad de sentenciar al condenado a este régimen. Sin embargo, el sujeto deberá cumplir con las condiciones que le sean impuestas de forma obligatoria.

¿Se pueden usar en contra del acusado los ilícitos que perpetró anteriormente por maltrato infantil?

Frente a un caso relacionado con abuso infantil, los ilícitos anteriores de maltrato infantil podrán admitirse, aun si el hecho no generó una sentencia condenatoria. Ello es una excepción a la normativa de la prueba de California. Ya que, generalmente está prohibido usar condenas previas para sentenciar a un individuo por perpetrar un ilícito, y dichas evidencias se consideran perjudiciales. No obstante, las condenas previas pueden usarse para comprobar que el sujeto agresor tiene actitudes violentas en un caso donde hay sospechas de que un menor sufrió abuso. Pero, debe tenerse en cuenta que la Corte deberá realizar una convocatoria en la cual determinará si el valor probatorio está justificado.

En este sentido, deberá realizar una visita con anterioridad a que la Fiscalía presente las evidencias de los ilícitos anteriores por abuso de menores. Y el juez tendrá que considerar en el transcurso de la audiencia si dichas evidencias pueden perjudicar de forma excesiva al jurado, si hay una evidencia que resguarde las alegaciones previas, y cuál es el lapso de tiempo transcurrido entre los ilícitos previos y la acusación actual. De manera que, si el delito ocurrió en un tiempo de 10 años, la Fiscalía no podrá presentar las evidencias, y solo el juez admitirá las pruebas si considera que representan un interés para la justicia.

¿Se pueden usar evidencias de incidentes previos por abuso doméstico?

El fiscal puede usar evidencias por ilícitos previos relacionados con violencia doméstica, a fin de utilizarlos como base para las reclamaciones por abuso cometidas en contra de un niño en circunstancias particulares. En este sentido, la Fiscalía solo podrá realizarlo si se presentan las condiciones señaladas a continuación:

• El menor es hijo del sujeto acusado,
• El menor vive con el sujeto acusado, o vivió en el pasado,
• Los cargos por violencia doméstica se realizaron contra el cónyuge, pareja, padre, madre, hijo del sujeto acusado, o alguna persona con quien este último mantuvo una relación en los 5 años anteriores.

Para ello, el juez deberá realizar una audiencia en donde determinará si las evidencias previas por el caso de violencia doméstica se consideran adecuadas al caso. Asimismo, la autoridad judicial buscará si las evidencias son perjudiciales, o permiten establecer una conducta general de violencia.

Ejemplo: Max fue acusado de agredir al hijo de su pareja. Sin embargo, anteriormente fue detenido por el delito de violencia doméstica en contra de su cónyuge 3 años atrás. Luego, de reunirse nuevamente con su esposa, ésta retiró los cargos.

En este caso, la autoridad judicial que lleva el proceso actual contra Max decide incluir la agresión como evidencia luego de una vista. Puesto que, considera que existen pruebas suficientes que permiten establecer que Max agredió físicamente a su cónyuge en aquel momento y que las evidencias no serán perjudiciales para todo el jurado. Es fundamental destacar, que los ilícitos previos no son considerados suficientes por sí mismos para que el acusado sea condenado en el caso actual, sólo servirán como una prueba que el jurado evaluará.

¿Qué estrategias de defensa pueden utilizarse para desvirtuar una acusación por este ilícito?

Es común que los abogados usen diversas estrategias legales para desvirtuar una acusación por abuso infantil. Sin embargo, para elegir la defensa más idónea es necesario analizar las circunstancias del caso en particular, a fin de lograr un resultado favorable. Algunas de las estrategias empleadas por los profesionales del derecho son las siguientes:

• La lesión fue generada por un accidente: El acusado debió comportarse de manera voluntaria para que pueda ser declarado responsable por este hecho ilícito. En este sentido, la ley de California reconoce que el hecho pudo ser producto de un accidente. De forma que, si la lesión no se produjo con intención el sujeto no será condenado por el mismo.
• Otro hecho fue el que generó el maltrato: Es muy común, que un niño presente heridas producto de una caída lo cual no significa que los padres lo agredieron. De igual forma, el menor puede verse expuesto a sufrir acoso escolar, y tiene miedo a revelar la información. No obstante, existen profesionales que se ven obligados a denunciar una sospecha de abuso de menores como sería en el caso de los profesores, médicos, enfermeras, administradores escolares. Para ello, un buen abogado podrá solicitar una evaluación independiente de un médico que compruebe que su cliente fue injustamente acusado de generar el abuso a su hijo, y que las heridas fueron producto de otro hecho.
• El acusado castigaba al menor de acuerdo a la normativa: Según el ordenamiento jurídico de California, los progenitores cuentan con el derecho a usar castigos corporales para disciplinar a su hijo, incluso pueden usar objetos como una paleta o cinturón siempre que sean cumplidas las siguientes condiciones: Los azotes fueron razonables y no generaron lesiones corporales graves. No obstante, esta situación puede generar cargos por este delito si se le dejaron hematomas al menor y uno de los informantes obligatorios lo observó y reaccionó de manera exagerada.

¿Cómo puedo encontrar a un buen abogado especialista en casos abuso infantil cerca de mí?

El sufrir acusaciones por el delito de abuso infantil es un asunto serio, debido a las sanciones severas que pueden imponerse las cuales van desde pasar tiempo tras las rejas, pago de grandes cantidades en multas, sea impuesta una orden de protección, entre otras que considere el juez. Es por ello, que en el bufete Leah Legal le ofrecemos una asistencia legal oportuna, nuestro equipo de profesionales está altamente capacitados y elaborarán las estrategias idóneas según las circunstancias particulares de su caso.

No lo dude más, y si está en Van Nuys, CA, comuníquese ahora mismo con nosotros a través del siguiente número 818-484-1100, uno de los asesores le atenderá en breve. ¡Llame ahora mismo!

Prosecutorial misconduct is when a prosecutor violates the professional code of ethics or breaks the law during prosecution. This type of conduct is counterproductive to the goals of the Department of Justice because it makes it challenging for “justice to prevail.” Prosecutors have a duty imposed by their professional obligations and the United States constitution to ensure fairness during criminal litigation. Improper, unethical, or illegal acts and the failure of a prosecutor to act when required can cause wrongful conviction or unjustifiable punishment.

The law makes it mandatory for prosecutors to abide by the law and perform their duties expeditiously, consistently, and fairly. The experts must also protect and respect human dignity and advocate for human rights, subsequently ensuring the proper functioning of the criminal justice system. Because prosecutors have extensive control over all processes, from investigations and drafting charges to recommend the correct sentence following a conviction, any form of misconduct can hinder justice.

Prosecutorial Misconduct Defined

Prosecutorial misconduct is a broad term that refers to any unethical or illegal conduct by a prosecutor during a criminal case. This offense is different from malicious prosecution, where a prosecutor files a baseless lawsuit against a defendant. In prosecutorial misconduct, a prosecutor uses dishonest or unfair means to ensure a defendant’s conviction.

Prosecutors hold a position that wields a lot of power. As such, these positions do not come devoid of stricter responsibilities and higher standards of professional ethics. Misconduct attracts harsh disciplinary action and can result in a judge overturning a conviction to afford a defendant relief.

Other steps a judge can take after unveiling prosecutorial misconduct include:

• Ask jurors to disregard particular comments or evidence
• Grant a retrial under Penal Code 1181

The roles of a prosecutor are crucial during all stages of the criminal justice process. Irrespective of the phase where misconduct occurs, it can affect the outcome of a trial.

The main types of prosecutorial misconduct include:

• Withholding evidence that can clear a defendant’s name from fault (exculpatory evidence)
• Presenting fabricated evidence
• The use of improper arguments
• Using discriminatory tactics during jury selection

Withholding Evidence from the Defense

Exculpatory evidence, also referred to as “Brady material,” is any form of proof that can free a defendant from guilt or fault. Withholding exculpatory evidence violates the due process of a criminal case.

Evidence helps the court decide whether a defendant is guilty and the befitting punishment to impose. A prosecutor’s failure to provide proof that can free a defendant from blame can cause the conviction of an innocent person.

Brady violations are considered malicious forms of prosecutorial misconduct. This is because they prevent the jury from considering admissible evidence that supports the innocence of a defendant. If jurors cannot access this evidence, a defendant faces a greater likelihood of serving time for a crime they did not commit.

The Introduction of False Evidence

False evidence is forged, fabricated, doctored, or tainted proof. The evidence can disrupt the course of justice and leave an innocent person in jail or a guilty one roaming the streets.

For instance, a child is murdered, and the news hits news headlines. Pressure from the public makes it crucial for the prosecutors to find the perpetrator of the crime and convict them. Unfortunately, the only person who witnessed the crime is 50/50, whether she saw John or someone that looks like John.

If the prosecutor persuades the eyewitness to claim they are 100% sure they saw John leaving the crime scene, this constitutes false evidence. The testimony is a lie because the witness cannot confirm whether the person they saw was john or someone else.

Other common forms of false evidence a prosecutor can introduce are as follows:

• Hearsay statements
• Falsified character evidence

When a prosecutor deliberately introduces false evidence to get a conviction, the defendant qualifies for a retrial or dismissal of all charges. Also, it is an ethical violation for the prosecutor to intimidate witnesses brought forth by the defendant’s defense team. For instance, threatening a witness with deportation can make them fail to testify. The action is equally as harmful to the trial as introducing false evidence.

Improper Arguments

Improper arguments or assertions have the power to sway the court’s opinion in a manner unfair to the defendant. Prosecutors must refrain from making specific arguments during their opening or closing statements. Remember that a prosecutor’s words bear the weight of the government, and jurors are often inclined to believe the “government’s opinion” as opposed to what the evidence says.

Here are the most common types of improper arguments:

• Testifying on Behalf of an Absent Witness—all arguments made by a prosecutor must focus solely on the evidence presented during the trial. If a witness fails to show up, the prosecutor cannot testify on their behalf. Giving the testimony of an absent observer denies a defendant of their right to cross-examine the witness. Essentially, this leaves the jury with no choice but to make a judgment based solely on the version of the testimony presented by the prosecutor. Unfortunately, this version of the testimony will often point at a defendant’s guilt.
• Misstating the Law— another form of improper argument is misquoting the law. A false statement of the law misleads the jury into believing that a defendant violated a non-existent law.
• Arguing Facts Not in Evidence— like testifying for an absent witness, it is also unethical for a prosecutor to give arguments based on facts, not in evidence. Misguiding the jury with unsupported attributes also constitutes misconduct.
• The mischaracterization of Evidence—how a prosecutor characterizes evidence can have a powerful impact on the jury’s views. For instance, during the closing argument, a prosecutor can skew evidence and misguide the jury. The act is unfairly prejudiced against the defendant. Jurors are likely to depend on the image painted by the prosecutor and not the story told by the available evidence.
• Impugning the Defense—another common form of improper arguments by a prosecutor is challenging the defense or questioning the credibility of proof tabled by the defense team. Again, the misconduct attacks the defendant’s presumption of innocence and implies that the prosecutor can tell the accused is guilty, even without depending on the tabled evidence.
• Shifting the Burden of Proof— the prosecution bears the burden of proof. It is up to the prosecutor to convince the court that a defendant is guilty beyond a reasonable doubt without making any ethical violations. Often, the state has more power, authority, and resources to prove a case. The “presumption of innocence” helps to counterbalance this power. It is unethical for the prosecutor to make a defendant appear guilty unless they can prove they are innocent.
• Arguing Inconsistent Theories of Prosecution—when a case involves more than one defendant, the arguments tabled by a prosecutor during each case should not conflict. For instance, if a gang of three “armed criminals” participated in a robbery and shot killed the night guard with a single bullet to the head, a prosecutor cannot claim that each gang member shot the guard. Evidence shows that there was a single assailant. Claiming that all the gang members shot the victim undermines fundamental prosecutorial fairness and the credibility of all the convictions.
• Appealing to Religious Authority—moreover, it is a professional violation for a prosecutor to appeal to religious authority, especially during a capital case. For example, a prosecutor cannot stand before the court to argue that the Bible calls for the death penalty if a person commits a particular crime. This type of argument can again interfere with juror’s idea of their responsibilities during criminal proceedings. The personal religious beliefs of the jurors could make them assume that the right thing to do is carry out “God’s will” and impose an unjustifiable death penalty.
• Presenting Personal Opinion—again, prosecutors speak with the government’s authority. Their statements have inherently more power than the statements of defense lawyers or even witnesses. When a prosecutor expresses their personal opinions about a defendant’s guilt, this can again misguide the jurors. They can interpret a case based on the prosecutor’s views and not the evidence.

Punishment for Prosecutorial Misconduct

Prosecutorial misconduct often has devastating effects on the life, future, and well-being of a defendant. Unfortunately, the penalty for the violation is not harsh, not to mention that courts have a history of favoring the prosecutor. In most cases, the court will rule that the misconduct stems from a “harmless error.”

There is no actual punishment for prosecutorial misconduct. However, a violation of professional and legal standards can force the judge to overturn a case and grant a defendant relief. The prosecutor can also be subjected to the bar complaint process.

Common Reasons for Prosecutorial Misconduct

The victims of prosecutorial misconduct often suffer irreparable damage, mainly when a case results in a wrongful conviction. While the negative repercussions of misconduct are apparent, the prosecutor will likely face no consequences.

The motives behind the actions are not universal and often vary from one case to another. In some cases, prosecutors are politically motivated to violate ethical standards, while others are blinded by their desire to ensure justice for the victims.

Here are three of the most common motives for prosecutorial misconduct:

Pressure to Convict

It is often beneficial when the public does not view prosecutors as “soft on crime.” A reputation of being lenient with “lawbreakers” almost guarantees negative consequences during re-election. Hence, the risk of prosecutorial misconduct increases during high-profile cases that attract media attention. With the public and government officials keeping close tabs on a case, this can lead to a prosecutor doing “whatever it takes” to obtain a conviction.

The urge to maintain a reputation of being “tough on crime” is one of the leading motivators of prosecutorial misconduct. Some prosecutors will ensure their re-election by withholding exculpatory evidence or presenting falsified evidence. According to recent studies in 2013, prosecutors often take more cases to trial than offer a reduced number of plea bargains, especially when running for re-election.

Career Suicide for Those That Report Misconduct

Often, professionals within the justice system thrive from maintaining pleasant relations with their colleagues. It is common practice for an attorney to use the cordial relationship with a prosecutor to obtain a favorable plea bargain. Consequently, reporting prosecutorial misconduct will likely result in “career suicide.” Even though comradely helps in creating and maintaining amicable working conditions, it also hinders lawyers from reporting misconduct without the risk of suffering negative consequences.

Professional Conduct Rule 8.3(a) of the American Bar Association tasks lawyers with reporting misconduct from other colleagues if they question their trustworthiness, honesty, or fitness. While this rule is clear, lawyers often fear retaliation from the legal community.

It takes a criminal attorney dedicated to upholding high ethical standards to break the norm and put justice over comradely. A reliable lawyer will file motions with the court to ensure a judgment is not passed based on a prosecutor’s illegal, unethical, or improper acts. Successful motions increase the odds of a judge reducing a defendant’s sentence, dismissing the charges, or vacating a conviction to ensure an innocent person does not end up serving time.

Lack of Consequences

Prosecutors accused of ethical violations will often not receive any sanctions. Even though a judge can dismiss a case or grant a retrial, this is as far as it goes regarding the consequences suffered by a prosecutor guilty of misconduct. Even in extreme cases, it is improbable for a prosecutor to be disbarred. It is safe to say the justice system is poorly equipped to conduct investigations and enforce disciplinary sanctions.

Generally, prosecutors have no fear of punishment. This gives them little motivation to maintain ethical practices, especially when the pros of securing a conviction are way higher than the cons of a possible sanction.

Prosecutorial misconduct robs defendants of their right to a fair trial during criminal proceedings. If you face charges for any crime, this is more reason for you to ensure you have a strong defense team in your corner. An experienced attorney will advocate for your rights and keep the prosecution from committing ethical violations just to obtain a conviction.

Appeals and Prosecutorial Misconduct

Proving that a prosecutor made ethical violations can be challenging but not impossible. A reliable lawyer can help you gather the much-needed evidence that shows a prosecutor manipulated evidence, refused to pursue other suspects, or opted for a witness notorious for giving false testimonies. A successful appeal in the court of appeals, Supreme Court, or any other higher appeals court can force a judge to dismiss a case or grant a retrial.

It is imperative to understand that a judge can only order a retrial if your defense attorney files a motion before the sentencing hearing. For this to happen, your attorney must prove two critical elements:

Prejudice

Your attorney must prove that prosecutorial misconduct was prejudiced against the defendant. Essentially, when a prosecutor is prejudiced, this conduct can impact the outcome of a trial. A prosecutor can be biased by:

• Making arguments based on facts not in evidence
• Making inflammatory comments to sway the views of the jury
• Expressing personal opinions

The court favors the accused only when the case, minus prosecutorial misconduct, raises doubt about their guilt. Often, an attorney can overturn a guilty verdict if the outcome of a case could be different without the ethical violations of a prosecutor. Therefore, you can expect the court to retain a guilty verdict if the evidence of guilt against the defendant is overwhelming.

Objection to Misconduct

It is often easier to prove prosecutorial misconduct and obtain a new trial if your attorney objected to a prosecutor’s ethical violations. Opposing when misconduct happens allows the judge to give the jury instructions to disregard the actions or comments of the prosecutor.

Also, you can obtain a new trial if you received inefficient help from your legal team. Note that proving that your legal team was ineffective and your lawyer did not object to misconduct can be difficult, making it imperative always to choose the best legal counsel the first time.

Prosecutorial misconduct can cripple your chances of clearing your name. Prosecutors hold positions that give them the ability to illegally erode defendants’ rights by withholding crucial evidence, presenting false evidence, or raising improper arguments to increase the odds of a conviction. A dependable criminal defense attorney can fight to ensure prosecutors do not violate professional, ethical standards, leading to a wrongful conviction or unwarranted social stigma.

Find a Criminal Defense Attorney Near Me

At Leah Legal, we are committed to shedding light on systematic injustices and prosecutorial misconduct that lead to a defendant’s wrongful conviction in Van Nuys, CA. If the ethical violations by a prosecutor resulted in wrongful sentencing, turn to us for the much-needed legal counsel and representation. We are advocates of truth and justice and have the skills to bring injustice to light. Over the years, we have built a strong reputation for overturning wrongful convictions and securing the release of innocent persons from prison. Call us today at 818-484-1100 for a no-fee consultation and case evaluation.

When a person you know commits murder or is about to commit murder, you could face serious criminal charges if you try to help them in any way. California law requires you to cooperate with law enforcement officers in stopping a crime or arresting an offender. Thus, you are to report the crime immediately after learning about it, whether before or after its commission. Sadly, many people do not do so for various reasons. It could be that the offender forced you to help them, or that you did not know that the person was about, or had just committed a grave offense.

If you face charges for being an accessory for murder in Van Nuys, CA, it is essential to know what it entails and how to defend yourself in court. You also need proper legal representation and support to plan a solid defense against your charges. Talk to an experienced criminal defense attorney for help in fighting your charges.

What ‘Being an Accessory to Murder’ Means

People who commit serious criminal offenses like murder do not wake up and execute the offense one day. They take time to plan for it and only act when the plan is ready for execution. These people will likely tell one or more people about their plans consciously or unconsciously. Some offenders will probably speak about it after committing the offense, mainly to a close friend or family member. Sometimes they disclose their intentions or acts to seek help. For instance, the offender could need help accessing the victim’s home office or fleeing from the murder scene.

Once the police start investigating the crime, the offender will likely flee or lie low. They will also need help hiding the murder weapon or any discriminating evidence. Thus, the offender could seek the help of a family or friend and will likely disclose the fact that they have committed murder. Anyone who knowingly assists a felony offender before or after the execution of an offense is guilty of being an accessory to the felony and could face felony charges under California law.

Being an accessory to murder means assisting or helping a murder perpetrator before and/or after committing the offense. It does not necessarily mean that you were present during the offense’s execution or you participated in the crime. You could help the offender by allowing them to remain in your home as the police hunt intensifies. You could also face charges for assisting the offender in acquiring a weapon like a gun or getting away from the murder scene. Whatever you do to help another person commit murder will be considered a serious criminal offense, punishable by a lengthy prison time and hefty fines.

Being an accessory is a criminal offense under California laws, whereby a person helps in committing a felony. You could be an accessory in two ways:

Before the Fact

You become an accessory to murder before the fact if you assist in the planning and executing the murder. Anything you knowingly do to help a person commit murder will qualify as aiding before the fact. You could do this in many ways, including ferrying the perpetrator to the murder scene, luring the victim to the murder scene, helping the perpetrator acquire the murder weapon, obtaining information that could help the perpetrator plan for the murder, or simply helping with planning the murder.

Prosecutors charge the offense as aiding and abetting a crime, as under California PC 31. The law prohibits anyone from inciting, encouraging, aiding, or facilitating the execution of a crime. A person guilty of aiding and abetting the execution of a crime faces the same sentence as the offender.

After the Fact

An accessory to murder after the fact is anyone who helps or assists the defendant after they have already committed the offense. You could do this by hiding the perpetrator to make it hard for the police to arrest them, helping the defendant dispose of the murder weapon and other paraphernalia, helping with destroying evidence, cleaning the murder scene, or even knowingly lying to the police about the suspect’s whereabouts.

Being an accessory to murder after the fact is prosecuted under California PC 32. The law prohibits a person from knowingly concealing, aiding, or harboring a felon to protect them from an arrest, criminal trial, and conviction. A conviction under this law is a felony.

It is advisable to be very careful with your actions after learning that a person has committed a felony or is about to commit a felony. Protecting yourself will help you avoid the severe consequences of being an accessory to murder. The offense is mainly charged as a felony, punishable by several years in prison.

When the police arrest you for being an accessory to murder, a prosecutor will file criminal charges against you in a criminal court. During your trial, the prosecutor must prove all the elements of your offense beyond a reasonable doubt for the court to find you guilty.

These Elements for California PC 31 are:

• You knew that the perpetrator had an illegal plan
• You intentionally encouraged and/or facilitated the plan
• You aided, promoted, or instigated the crime

The court cannot find you guilty for being an accessory before the fact if the prosecutor cannot prove all three elements.

Elements for California PC 32 are:

Elements for being an accessory after the fact are slightly different and are:

• Another person committed murder or was facing murder charges
• You were aware that the person committed murder or was facing murder charges
• You hid or helped the person after he/she had committed the offense or after facing murder charges
• You did so to help the offender avoid police arrest, criminal trial, and conviction

Note that failing to testify in a murder trial does not make you an accessory to the offense.

When you aid or abet a crime, the person you are helping is the principal offender. Being an accessory before the murder can attract the same penalties as the murder itself. An accessory after the murder does not face charges for the underlying offense but a separate felony or misdemeanor.

Being an accessory before the murder could attract harsher penalties since you are treated the same way as the offender. That is why you need proper legal help to avoid a conviction if you face charges for being an accessory to murder.

California Murder

The law against murder in California is under PC 187. It is the unlawful killing of another person or fetus with malice aforethought. California law has two degrees of murder:

• First-degree murder happens when a person kills another when lying in wait, with premeditation or deliberation.
• Second-degree murder happens when a person intentionally kills another but does not think about or contemplate killing the person before committing the act.

First-degree murder is more severe and carries more severe penalties than second-degree murder. But both are severe felonies that could carry a life in prison penalty.

When charging a person with being an accessory to murder, the prosecutor must first establish that the other person murdered, whether in the first or second degree. One way you can challenge your charges for being an accessory is by proving in court that the other person did not murder in the first place. If that is true, you cannot be guilty of assisting them before or after the fact.

The Legal Consequences of Being an Accessory to Murder

You will likely face severe penalties if the court finds you guilty of assisting in the commission of murder.

As previously mentioned, California state prosecutes being an accessory to murder before the act as aiding or abetting murder. Assisting the commission of murder before its commission includes facilitating, inciting, encouraging, or helping in the execution of the crime. Thus, the law treats the accessory the same as the actual perpetrator. If convicted for this, you will face the same penalties as the offender.

If the actual perpetrator were found guilty of first-degree murder, you would likely face 25 years in prison to life for assisting in the execution of the murder before its commission. On the other hand, if the actual perpetrator received a conviction for second-degree murder, you will likely receive 15 years of prison time for helping them in the completion of the offense.

Being an accessory to murder before the fact is mainly a wobbler offense in California, as under California PC 32. A person who faces charges under this law conceals, harbors, or helps someone knowing that the person has committed murder. As a wobbler offense, the prosecutor has the discretion to charge you with a felony or misdemeanor, depending on the details of your crime.

If you receive a misdemeanor charge for being an accessory to murder after the crime, you will likely receive the following penalties upon conviction:

• A maximum of one year in jail
• A fine not exceeding $5,000

If you receive a felony charge under this law, you will likely receive the following penalties after conviction:

• A maximum of three years in prison
• A fine of not more than $5,000

You Can Defend Yourself Against The Charges

If you face charges for being an accessory to murder, it helps to know that you can defend yourself from your charges to avoid a conviction. You can do this with the help of a competent criminal defense attorney. Your attorney will develop strategies and plans to fight your charges and convince the jury to drop or reduce your charges. Some of the defense strategies that are allowed by the law, which your attorney can use in your favor, are:

Lack of Knowledge About The Crime

Being an accessory to a crime requires knowing that the offender will commit the crime or has already committed the crime. Without this knowledge, you will not be guilty as charged.

Being close friends or relatives with a person does not guarantee that you know all the plans they have, including plans to commit a crime. You could face arrest simply because you were hanging out with the offender right before and/or after they committed murder. The police will have assumed that you knew about the offense, which in the real sense, you did not know. In that case, the court will drop your charges.

Your attorney must demonstrate your lack of knowledge to the court. That will pose a challenge to the prosecutor in proving all the elements of the offense beyond a reasonable doubt. Consequently, the court will dismiss your charges and order the police to set you free if that happens.

No Murder Occurred

Charges for being an accessory to murder can only be against another person if the principal has already been determined guilty of murder. If that is not the case, you cannot face charges under California PC 31 or PC 32.

It could be that the murder trial for the principal was recently concluded and that they were determined not guilty of murder. In that case, the court will drop your charges. You cannot be an accessory to a crime that did not happen in the first place. All elements of murder must be proven beyond a reasonable doubt for the principal to be found guilty and the accessory to face charges.

You Acted Under Duress

It is not unusual for a person to assist in committing a crime through force or threats of force. Murder is a serious offense. A person that desperately needs help to commit murder will use any possible means to find help, including using force or threats.

For instance, it could be that the perpetrator threatened you with severe bodily injury or death if you failed to help them obtain the murder weapon. Or the perpetrator forcefully caused you to drive them from the crime scene. In that case, you will not be guilty of being an accessory since you did not act voluntarily or knowingly.

If your defense is acceptable in court, the judge will dismiss your charges.

You Were Only a Bystander

If you face charges for being an accessory to murder under California PC 32, your attorney can demonstrate in court that you were not a part of the crime but only a bystander. The police could have arrested you at the crime scene on suspicion that you were part of the offense. By countering the prosecutor’s allegations, you will weaken his/her case against you and cause the court to dismiss your charges. Remember that being an accessory requires you to have harbored, concealed, or aided the felony. If none of that happened, you would not be guilty as charged.

You Are Falsely Accused

False accusations are not unusual in California. Some people face false charges for crimes they did not commit. Sometimes these people are not lucky enough to convince the court of their innocence and end up paying dearly for a crime they did not commit. If you face false accusations for aiding or abetting a murder, your competent criminal attorney could help you demonstrate your innocence in court.

It could be that the perpetrator is covering up for someone and wants you to take the fall for it, or they simply want you to bear the punishment for reasons like jealousy or revenge. Your attorney only needs to prove in court that you did not do that, which you are facing accusations for.

For instance, if you are facing allegations for obtaining the murder weapon on behalf of the perpetrator, your attorney can acquire evidence to demonstrate that someone else and not you sought the said weapon. Your communication with the perpetrator could also be used to prove the kind of relationship you had before the crime.

You Withdrew From Participating in the Crime

Your attorney can use this as a defense if you were a participant in the execution of the crime but withdrew shortly before its commission. In that case, you cannot be an accessory to the murder before the fact.

People change their minds at all times, especially when serious crimes are involved. Some people drop out of the plan right before its execution. They cannot be responsible if the remaining partners execute the plan.

However, you must demonstrate in court that you notified the other participants of your unwillingness to proceed with the plan. You also must have done everything possible to stop the crime from happening. If that is the case, the court will dismiss your charges.

Find a Criminal Defense Attorney Near Me

If you or someone you know faces criminal charges for being an accessory to murder in Van Nuys, CA, you could find legal help in fighting your charges to avoid a conviction. Note that a sentence for being an accessory carries severe penalties in California. Fighting your charges could compel the court to dismiss or reduce your charges. You could try us at Leah Legal for professional legal defense services. We can walk you through the complex legal process and help you plan a solid defense against your charges. Call us at 818-484-1100 and let us work together to obtain a favorable outcome for your case.

Individuals in some situations undertake to carry out a crime. However, for some reason, they fail to pull off the crime. The question posed in this situation is, are the individuals criminally culpable?

Yes, they are. California’s criminal justice system does not only punish individuals who commit crimes. It also punishes the attempt to commit an offense. Taking action to carry out a crime, albeit unsuccessful, is an attempted crime and a criminal offense. Therefore, it is never a defense that you did not commit a crime just because it was unsuccessful. As you will see detailed in this article, an attempted crime attracts adverse consequences if convicted. Therefore, having a criminal defense attorney is pivotal for your defense in an attempted crime case.

Attempted Crimes Under Law

The word attempt points to a non-actualized crime. Prosecutors rely on intent and direct action towards committing the crime. It also follows that an accidental act does not amount to attempting to commit a crime. This is because accidental actions lack intent. 

Under PC 664, you will only be found guilty of an attempted crime if it is proven that:

• You intended to commit a crime — Intent can be specific or general. Both are considered in an attempted crime charge. General intent refers to taking action without the intent to achieve a particular objective. On the other hand, if you take action intending to realize a precise result, your intention is categorized as specific. 

Additionally, prosecutors could also introduce transferred intent. This intention is evident when you intend to commit a crime against one individual but end up hurting another. 

For example, you plan and attempt to kidnap a lady and shoot and injure the husband in the process. In this case, you could face charges for the attempted kidnapping of the lady and attempted murder of the husband.

• You took direct action towards committing the crime — Direct action, in this case, encompasses explicit intention and an immediate step that rolls the plan to commit a crime in motion. Therefore, thinking, planning, or preparing to execute a crime is insufficient to support the attempted charge. There should be a subsequent, direct action. 
• You failed to complete the crime — Failure to complete is the critical consideration under PC 664. Actualizing the crime results in charges under the specific law you violated. An attempt is a distinct and separate offense. That means you cannot be simultaneously charged for an attempt and the actualized crime. 

All attempted crimes are prosecuted under PC 664 and not the specific statute of the target crime. However, the courts also consider the precise statute to determine whether the facts in your case match what the specific law prescribes as the elements to be proven for a conviction. Further, prosecutors, informed by the facts of the case, decide which charges to pursue. Some of the standard attempted crime charges include:

• Attempted murder — Attempting to kill another. The target crime is murder, an offense under PC 187. The attempt, however, is a violation of PC 664
• Attempted rape — Refers to the use of fraud, threats, or force to have non-consensual sex with the victim. Rape is a violation of PC 261 
• Attempted robbery — Making an effort to take another’s property through force or fear. If you were successful, you would have faced robbery charges under PC 211

A defendant could argue that since I failed in actualizing a crime, I’m innocent. However, your actions in the attempted crime result in negative consequences to the victim(s). Therefore, punishing you for the attempt aims to deter other individuals from engaging in similar behavior and penalizes you for the trauma or harm caused to the victim(s). 

The consensus in the criminal justice system is that any attempt to commit a crime warrants punishment to prevent individuals from avoiding criminal culpability because the crime was not actualized. 

Possible Penalties For Violating PC 664

A conviction for an attempted crime results in fines and/or prison sentences. The penalties are half those prescribed under the specific statute of the target crime. 

Here is a look at the penalties issued in the three common attempted crimes to better understand the provisions of PC 664. 

Attempted Murder

Prosecutors have to prove whether your attempt to murder another is in the first or second degree. 

If you willfully acted with the premeditation of killing the surviving victim, you will be charged with attempted first-degree murder. Murder is punishable by life imprisonment without the possibility of parole.

If the victim were a peace officer or a protected individual, you would serve a minimum of 15 years. 

Attempting to commit first-degree murder results in up to nine years to life in prison with the possibility of parole upon conviction. Additionally, you will have to pay restitution and a fine of up to $5,000

Attempting to commit second-degree murder results in 5, 7, or 9 years. Under PC 187, committing a second-degree murder is an offense punishable by 20 years to life without the possibility of parole. 

Attempted Rape

Should the DA pursue a felony rape charge under 261, a conviction results in eight years in prison and an additional three to five years in prison if the victim suffered significant bodily harm. Therefore an attempt to commit rape will result in a four-year prison sentence and an additional one and a half to two and a half years in prison if the victim suffered great bodily harm. 

Under PC 261, if the victim is a minor below 18 years, a conviction results in an 11-year prison sentence, and 13 years if the minor was below 14 years at the time of the alleged offense. It, therefore, follows if you are convicted for attempted rape on a minor who is younger than 18 years of age, you will serve a five and a half prison sentence and six and a half years in prison if the minor was below 14 years. 

Attempted Robbery

Robbery is a felony under PC 211, and a guilty conviction is punishable by harsh sentences. Penalties issued for attempted robbery are equally severe. 

As is the case of murder, robbery too is either in the first or second degree. Robbery in the first degree occurs if any of the following three situations are true:

• The victim was a cable car, taxi, bus, subway, trackless trolley (or of similar transportation for hire) passenger or driver 
• The incident took place immediately after or when the victim was using an ATM
• The robbery took place in an inhabited trailer, boat, or house

Second-degree robbery is any robbery that fails to meet the above criteria of first-degree robbery.

You will serve up to 18 months, two or three years in prison, and part with $5,000 in fines for attempting to commit first-degree robbery. If found guilty of attempting to commit second-degree robbery, you will be sentenced to one, five, or two and a half years in prison with a fine requirement not exceeding $5,000. 

You could also face sentence enhancement if the victim suffered great bodily injury, you used a gun, or you have a strike in your criminal record for a previous offense. 

Additional Consequences of an Attempted Crime Conviction

While time behind bars and fines are the immediate consequences most consider, they are not the only ones. A conviction results in adverse outcomes for your citizenship status and gun rights. 

Should the crime you are accused of committing fall under the deportable offenses, and you have not achieved citizenship status, you will be deported to your country of origin and marked inadmissible. This means you will be denied re-entry to the US because deportable crimes are categorized under crimes involving moral turpitude and aggravated felonies. 

Examples of crimes of moral turpitude include but are not limited to burglary, murder, embezzlement, perjury, robbery, and rape. Aggravated felonies, on the other hand, include murder, rape, and kidnapping. 

Under California law, an attempt to commit the above offenses is equally a deportable offense.

Additionally, California law bars felons from owning or possessing guns. If you are convicted of a felony charge for attempting to commit a crime, you will lose your gun rights. Therefore, owning or possessing a gun will be an offense.

Fighting Attempted Crime Charges

The halving of penalties for the target crimes does not eliminate the severity of a conviction’s consequences. You, therefore, need to fight the charges to secure a not guilty conviction or reduced penalties should the jury find you guilty. Having an attorney for your defense increases the possibility of the best legal outcome for your case. 

Defense strategies are case-specific. However, attorneys use common defenses to most attempted crimes. They include the following. 

Lack of Intent to Commit a Crime

Prosecutors bear the burden of proof, and in this case, the DA should prove your intent for you to be found guilty. Failure to prove intent creates an opportunity to challenge the case under the lack of intent to commit said crime. 

Abandonment of the Crime

Abandoning a crime points to you changing your mind to not proceed with actualizing the offense although you had intended to commit the offense. Your attorney should also demonstrate that your withdrawal was voluntary and not just because of the belief that you would be arrested. 

Lack of Direct Action in Furtherance of the Offense

You are only guilty of an attempted crime if you took direct action to further the offense. Therefore, your attorney can challenge the DA’s case if the prosecutors fail to prove you took direct action. It can be argued you only thought or participated in the planning of the crime. 

Legal Impossibility

California accepts legal impossibility and not factual impossibility defenses, with impossibility describing unexpected circumstances that prevented you from carrying out the crime. 

Legal impossibility refers to a situation where a defendant believes his/her actions to be illegal when said action is not unlawful. Legal impossibility is founded on the principle that an act is not an offense unless a law exists prohibiting the act. 

For example, a defendant has consensual relations with a lady he believes to be 18 years old. The defendant further believes he has committed an offense, attempted rape. In actuality, the lady is 24 years old, and there is no law prohibiting sexual relations between consenting adults. Therefore, the defendant cannot be found guilty because his belief is a legal impossibility. 

Conversely, when a defendant fails to complete a crime because the facts are not as he/she believed them to be, this is a case of factual impossibility. For example, a defendant tries to rob another of his wallet. However, on putting his hand in the victim’s pocket, he discovers there is no wallet. The defendant cannot argue that he couldn’t steal the wallet because the victim was not carrying one. 

What Offenses are Related to Attempted Crime?

Offenses similar to attempted crime but legally distinct include conspiracy, solicitation, and aiding & abetting. Here is a more detailed look at each crime. 

• Conspiracy 

Conspiracy (or solicitation) and attempt are often mistaken to mean attempted crime. The two are similar in certain situations and are related. However, each is legally distinct. 

California law considers conspiracy, as any agreement arrived at by two or more persons with the intent to commit a crime and a party to the arrangement, takes an overt step in furtherance of the agreement but not the offense itself. 

From the above definition, conspiracy requires several parties to agree to commit a crime, and at least one takes concrete action in furtherance of the agreement but not the offense itself. On the other hand, an attempt does require an overt act in furtherance of the crime. 

For example, preparation is enough to further the agreement but not the crime. Therefore, preparation is substantial in determining your guilt but not enough in an attempt case. 

Additionally, like an attempt, the suspects will not be charged with conspiracy but the crime itself if the offense is actualized. Conspiracy allegations are prosecuted under PC 182. 

Conspiracy to commit a crime is punishable as a misdemeanor or a felony. Misdemeanor and felony offenders receive the penalties prescribed for the underlying offense. For example, if charged with a conspiracy to commit rape, you will serve up to eight years in prison, a penalty prescribed for violating PC 261. 

• Solicitation

Soliciting is encouraging, requesting, or demanding an individual take part in criminal conduct with the intention to contribute or facilitate the commission of the crime. PC 653f makes it a crime to solicit another to commit an offense. 

Common examples of solicitations include:

• Tasking another to collect stolen property
• Asking a witness to falsify their testimony under oath
• Requesting another to take part in a robbery
• Asking an individual to engage in sex in exchange for money

To prove solicitation, prosecutors must prove that:

• The accused requested another to commit an offense listed under PC 653f
• The defendant intended to commit the crime
• The requested party received communication from the accused asking for their participation in the crime

The penalties issued for solicitation depend on the offense the defendant requested another to commit.

For example, suppose the defendant is accused of soliciting another to commit murder. In that case, the solicitation is a felony punishable by up to nine years in prison and a potential fine not exceeding $10,000. 

You will face misdemeanor charges for solicitation of the sale or distribution of controlled substances. A conviction results in a jail sentence not exceeding six months and a potential fine of no more than $1,000. 

Should the DA pursue solicitation changes for any other offense listed under PC 653f other than the two listed above, you could face misdemeanor or felony penalties upon conviction. Misdemeanors are punishable by a 12-month jail sentence while up to three years in jail for a felony conviction. 

• Aiding and Abetting

Aiding and abetting is a PC 31 violation. DAs pursue PC 31 violation charges for individuals who facilitate, encourage or assist in the commission of an offense. PC 31 punishes anyone who was in on the crime. Meaning any role you played in the commission of a crime is enough to institute criminal proceedings against you, no matter how insignificant. However, mere knowledge of the crime is not adequate for a conviction for aiding and abetting. 

Some of the common examples of aiding and abetting include the following.

• Driving the getaway vehicle from the scene of the crime
• Serving as a lookout as your accomplices carry out the crime
• Keeping a vehicle’s engine running to enable a quick getaway after committing the crime. 

Take note: aiding and abetting is a serious offense. If convicted, you will face similar penalties as those who participated in the crime. 

Contact an Experienced Criminal Defense Attorney Near Me 

It is possible to be charged even if you did not commit the crime. The penalties are equally severe. Therefore, choosing the ideal attorney makes the difference in having a reasonable legal outcome. The Leah Legal team is experienced in handling criminal defense, including attempted crimes. Rely on us if you face charges for an attempted crime in Van Nuys. Contact our team today at 818-484-1100 for a free and confidential consultation. 

Workplace sexual harassment can have a devastating impact on the alleged victim. It can affect an employee’s job performance, ability to keep their employment or move up the firm, and overall physical and mental well-being. While the workers can seek compensation by filing a civil claim, civil law does not criminalize the behavior. However, sometimes sexual harassment can become a crime. In this post, you will learn situations in which sexual harassment in the workplace can also be an offense and your options if charged with the crime in Van Nuys, California.

What Constitutes Workplace Sexual Harassment in California

California laws prohibit bosses and workers from sexually abusing an employee, independent contractor, volunteer, intern, or applicant.

Generally, workplace sexual harassment involves unwanted, inappropriate, or hostile behavior directed at an employee based on specific illegal reasons, including:

• Gender
• Sex
• Gender expression
• Gender identity
• Sexual orientation
• Marital status
• Childbirth
• Pregnancy
• Pregnancy-linked health conditions

The list above defines illegal motives but does not outline unlawful acts. Regrettably, there is no clear definition of which conduct constitutes sexual harassment. Instead, courts have defined this concept using general terms.

As a result, to clarify the matter, workplace sexual harassment can be classified into two:

• Quid pro quo
• Hostile work environment

Quid Pro Quo

The legal phrase means “this for that.” It happens when a person requests or demands sexual favor in return for a job benefit.

Generally, it can manifest in either of the following forms:

• A supervisor or employer offering a worker a benefit upon the worker agreeing to the sexual favor
• A supervisor or employee threatening a worker about work-related conduct, such as threats of being fired, unless the worker agrees to the sexual demands

Typically, quid pro cases involve uninvited sexual advances, commentary of the worker’s body and its sexual uses, or inappropriate discussions of explicit sexual conduct.

The defendant can commit the violations either impliedly or expressly. A mere hint at an employment benefit in return for a sexual favor is enough to constitute this form of sexual harassment.

Hostile Work Environment

Hostile work environment sexual abuse is too pervasive to create an abusive working environment. The harassment is illegal irrespective of whether driven by sexual desires or not. However, the conduct should be frequent, serious, or both.

Workplace sexual harassment only breaks laws if the act in question is abusive or objectively hostile. Usually, mildly offensive or a few irritating comments are not enough.

Additionally, sexual harassment should subjectively humiliate, distress, or offend the alleged victim. Individuals cannot argue that they experience this form of workplace sexual harassment if they deliberately invited it or were not emotionally affected.

To establish the employee suffered, they should prove at least one of the statements below:

• The conduct affected their emotional peacefulness at work
• The sexual abuse affected their normal job performance
• The harassment undermined or interfered with their well-being sense

While some courts suggest that one serious violation like rape is adequate to support a hostile work environment claim, the victims should prove repeated unlawful conduct instances in most cases. California courts use the following factors when determining whether the working environment is adequately abusive or hostile:

• The conduct’s severity — A severe act is more likely to be illegal than mild behavior. The more severe the act is, the less frequent it requires to happen to satisfy the “pervasive” conduct threshold.
• The behavior’s frequency — Even mild conduct can be illegal if they occur frequently enough.
• The conduct’s context

Gender Does Not Matter

Workplace sexual harassment law protects women and men equally (alongside any other gender identification). In other words, sexual abuse perpetrated by a man is illegal to a similar degree it would for a woman.

Additionally, sexual abuse is illegal even if the aggressor is the same gender as the alleged victim.

In layman’s language, the gender of the alleged victim and harasser is irrelevant. What matters is whether your underlying behavior broke the law.

When is Workplace Sexual Harassment an Offense?

While sexual harassment itself is not an offense, some sexually harassing behavior is criminal. Sexual harassment includes numerous acts, some of which break the law. For instance, it is not an offense to display photos of adults on your computer that other people find offensive in many situations. However, if you physically assault a colleague, it is both sexual harassment and an offense.

Rape by A Supervisor, Colleague, or Employer

Penal Code Section 261 defines rape as engaging in sexual intercourse with an individual to whom you are not married and without their consent. The act is achieved using either:

• Violence
• Application of force
• Menace
• Duress

In this context, sexual intercourse means penetration of the vagina or genitalia by the penis, regardless of how slight.

To consent, the other person should act voluntarily, freely, and understand the conduct’s nature. Please note that an individual who initially consented to sexual intercourse can change their mind during the behavior and no longer consent.

If found guilty, you will face up to eight years in California state prison and formal probation. You can also face additional five years in prison if the victim sustained great bodily injuries when committing the crime.

Sexual Assault or Battery

You commit sexual battery or assault when you touch somebody else’s intimate part against their will for either sexual abuse, sexual arousal, or sexual gratification purposes.

Touching means contacting the alleged victim’s intimate part either through clothing (can be yours or the victim’s) or directly. When it comes to workplace sexual harassment, criminal conduct could include groping, pinching, or severe non-consensual sexual actions by a supervisor or colleague.

An intimate part can be the anus, buttocks, sexual organs, groin, or female breast.

If no aggravating factors exist, you will face a misdemeanor that carries the following penalties:

• A six-month county jail sentence
• Three thousand dollars in fines
• Five-year informal probation that includes registration as a tier one sex offender for at least ten years, completion of a program tailored to aid those with sexual abuse challenges, and community service

If convicted of a felony, you will face the consequences and penalties below:

• Felony probation
• A maximum of four years in state prison and possibly consecutive and additional five years of imprisonment if the alleged victim suffers great bodily injuries
• $10,0000 in fine
• Registering as a tier III sex offender for life

False Imprisonment

There are cases where an individual restrains or holds their employee or colleague against their will, but the conduct does not lead to kidnapping charges. In this case, the defendant can be prosecuted with a lesser crime of false imprisonment per PC 237 or PC 237(a).

False imprisonment sounds like it cannot apply to workplace sexual harassment. However, it can occur. For instance, the harasser can intimidate the victim verbally or physically in an office, hotel room, or motor vehicle to subject them to offensive behavior.

The crime is either a misdemeanor or a felony, depending on whether you used violence, force, or menace to restrain the victim. Violence means applying physical force that is more than reasonably essential to restrain a person. On the other hand, menace means using physical or verbal threats of harm. The threat of harm can be implied or expressed.

A misdemeanor conviction carries up to a year in county jail and fines that do not exceed $1,000.

False imprisonment is charged as a felony when the crime involves menace or violence. A conviction attracts a three-year county jail sentence.

Workplace Stalking

PC 646.9 defines stalking as intentionally and maliciously harassing or following and making criminal threats to a person to a point the individual reasonably fears for their safety or that of their immediate family.

The behavior behind stalking can include sending repeated unsolicited messages and calls, physically following a victim, waiting for the alleged victim in your company parking lot, and trolling the victim on their social media platforms. Even a seemingly innocent gesture such as sending gifts can constitute stalking if the harasser’s conduct reasonably causes the victim to fear for their safety.

Stalking is a wobbler in California; the defendant can be prosecuted with either a felony or misdemeanor depending on the case circumstances.

A misdemeanor attracts the following potential penalties:

• Up to $1,000 in fine
• A year in jail
• Summary probation

If you have a previous stalking conviction, you will be charged with a felony. A conviction is punishable by five years in prison, $1,000 in fine and formal probation.

Pornography as a Crime

Generally, sexual harassment in the work environment involves offensive visuals. If the visual includes child pornography, the harasser can be guilty of breaking California child pornography laws.

PC 311 is the primary statute prohibiting sending, transporting, printing, duplicating, advertising, or possessing child pornography. Child pornography is any material or matter depicting sexual conduct by a minor.

A material or matter can be films, videotapes, slides, photos, or negatives.

Child pornography is a wobbler. If sentenced to a misdemeanor, you will spend one year in jail and a maximum fine of $2,500. On the other hand, a felony conviction carries a maximum of three (3) years in state prison.

A conviction can also result in:

• Loss of firearm rights
• Negative immigration consequences
• Registering as a sex offender

Indecent Exposure

A person can be charged with indecent exposure if they willfully expose their private parts in their workplace in the presence of a person that can be offended or annoyed.

To be convicted, you should act in a way that you intend to draw attention to your intimate parts for sexual gratification or to offend somebody else. The intent is the most significant factor in PC 314. That means you cannot be found guilty of indecent exposure if you were to expose your private parts in public that is out of view of your colleagues, employees, or employer.

If convicted of a misdemeanor indecent exposure, you will spend six months in jail, pay a fine of $1,000, and register as a sex offender for ten years under PC 290.

If you are either:

• Found guilty of your first PC 314 but have a previous conviction for lewd conduct with a child, or
• Convicted of PC 314 for a subsequent time,

you will face felony charges.

The crime is punishable by:

• Up to three years in prison
• A fine of $10,000
• A ten-year obligation to register as a sex offender

Steps to Take If You Are Falsely Accused of Workplace Sexual Harassment

When a worker reports a sexual harassment claim, the employer should investigate the matter. While the responsibility falls typically on the shoulders of the human resources department, an outside professional can handle the investigation if the firm does not have a dedicated human resource manager.

Some firms will elect to bring in a lawyer or a consultant, especially if the defendant is a senior manager or supervisor.

Depending on the seriousness of the sexual allegation, the organization can suspect the accused from work throughout the investigation duration.

However, what happens if you are innocent? False accusations happen. It can stem from jealousy, revenge, or a competitive individual determined to destroy your career because they want to be in your position. Here is what to do if you are falsely accused.

• Remain calm and do not retaliate — Although your initial instinct can be trying to defend yourself, defensive conduct during the investigation makes you look unethical. On the other hand, your accused can use retaliation to prove your guilt. Instead, remain calm and think of the steps to take.
• Review the company’s sexual harassment policy — Reviewing the policy illuminates whether your conduct is sexual abuse or not. Moreover, the policy should outline what occurs during your investigation. Understanding what to anticipate and who to consult with can help you prepare for any proceeding and restore your reputation.
• Consult with the human resource department — Speak with your human resource manager to see how you can settle the matter according to the organization’s policy. They will give you guidelines on defending yourself and sometimes mediate the allegations, mainly if they stem from a misunderstanding.
• Collect evidence — Write as many details about the encounter as you recall. Also, ensure that you present witness accounts and honest alibi that can establish your innocence. If you were somewhere else when the sexual abuse occurred, gather evidence for that. It can be witnesses, photos, parking tickets, and receipts.
• Cooperate with your investigation — Hindering investigation can make you look guilty. Instead, cooperate with the investigators and provide them with the details they ask you.
• Hire an experienced lawyer — While the human resources manager can guide you on what to expect during your investigation, they will not build your defense. Instead of self-representing yourself, consider hiring a skilled attorney. It is especially true if the allegation involves criminal charges. The lawyer can review your case, build a strong case defense, and advise you of your legal rights.
• Do not speak with any person involved in the criminal case — As a suspect, you should not talk with any person involved in the workplace sexual abuse incident, including the victim and their witnesses. You will gain little by discussing the occurrence. You also risk making incriminating statements. Law enforcers will interview all persons involved, and poorly-phrased comments can be used as evidence against you.
• Do not speak with the police — You should not talk to law enforcers unless your criminal defense lawyer is present. By refusing to speak to police officers, you force them to build their case against you. Additionally, it reduces your possibility of saying something that can coincidentally or inadvertently incriminate you.

Legal Defenses to Fight Workplace Sexual Abuse Charges

Your seasoned criminal defense lawyer will review the case and explore several paths in your defense. Discussed below are common defenses:

The Victim Gave Consent to the Sexual Conduct

Many sex offenses depend on this criminal fact. If you can establish that the penetration or sexual conduct was consensual, you cannot be convicted of any crime.

Since the prosecution should demonstrate that the alleged victim did not consent to the conduct, your attorney can cast doubt by suggesting the sexual contact did not violate the victim’s consent or will.

Please note that you cannot use consent as your defense if the victim was incapacitated or you acquired consent by coercion or force.

You Were Falsely Accused

Most sex crime charges are founded on false allegations. The victim can make false accusations due to revenge, to obtain leverage over you, or jealousy.

Proving Your Innocence

Sometimes you can fight the charge with proof of your innocence. It can take the form of DNA evidence or an alibi proving that you were somewhere else during the workplace sexual abuse.

Insufficient Evidence

It is the responsibility of the prosecution team to prove sexual harassment beyond any reasonable doubt. If the team does not have evidence to prove this standard of proof, it cannot find the defendant guilty.

Find Skilled Legal Representation Near Me

Many individuals recognize that workplace sexual harassment is inappropriate and can be grounds for civil lawsuits. However, sometimes these actions can result in criminal charges. If you have been charged with sexual harassment in your workplace, it would be wise that you consult with a qualified Van Nuys criminal defense lawyer regarding your legal rights and what to anticipate. At Legal Leah, our attorneys can review the case, challenge the evidence against you, beat criminal charges, and fight to clear your name and reputation. Call us today at 818-484-1100 for a confidential and free initial consultation.

Penal Code 245(a)(4) describes the crime of committing assault through the application of force likely to cause great bodily injury (GBI). The offense involves not just offensive or harmful touching but also intent to cause substantial harm. The prosecution can still have you convicted even if the “force” missed the victim or did not cause severe injuries. For instance, you are still guilty of violating Penal Code 245(a)(4) if you throw a knife at your friend but miss. The prosecution simply needs to prove your intent and present ability to cause GBI.

An assault by means likely to produce great bodily harm is a wobbler offense. The prosecution will always impose felony charges if a victim suffers significant bodily injury. Note that a felony charge attracts additional penalties under California’s Three Strikes Law. It is necessary to work with a skilled attorney who can help you protect your freedom and best interests.

Penal Code 245(a)(4) Defined

Penal Code 245(a)(4) makes it a crime to commit assault using means that can cause substantial injury. Essentially, the statute criminalizes the means employed by an assault perpetrator.

Under assault laws, “assault” is the offense of attempting to injure another person violently. Because bodily harm does not need to occur, you can be convicted of assault by merely throwing a crumpled paper at the alleged victim. However, you are likely to face charges under Penal Code 245(a)(4) if the means can cause substantial bodily injury or death.

Here are the elements the prosecution must prove beyond a reasonable doubt to charge you for violating Penal Code 245(a)(4):

• Your committed assault by unlawfully using force against the alleged victim
• You acted willfully or deliberately
• When you acted, you knew that any reasonable person would believe that your actions were capable of causing direct or probable application of force.
• You had the present ability to use force likely to cause great bodily harm
• Your actions were not aimed at self-defense or the defense of another

The prosecution can obtain a conviction by proving your intent, present ability, and means likely to cause great bodily harm. Again, it is not necessary to prove that you inflicted injury. You are guilty of an offense as long as the force used had a reasonable likelihood of causing substantial harm.

Let us have a look at some of the essential terms and phrases used to describe the statute:

Application of Force

The “application of force” describes any form of offensive or harmful touching. Under Penal Code 245(a)(4), the means used to touch an alleged victim must have the ability to cause significant injury.

Great bodily harm (GBI) does not necessarily need to be an injury that causes permanent impairment or disfigurement. Any of the following injuries constitute GBI:

• Broken nose
• Fractured bones
• Concussion or passing out
• Black eye bruises
• Contusions or severe swelling
• Bloody injury
• Burns, cuts, or wounds that cause heavy bleeding or permanent scarring

Willfully

The term “willfully” means acting on purpose or deliberately. However, you are still guilty of an offense even if you had no intentions of breaking the law or causing harm to another person.

Present Ability

Present ability is often established by considering the proximity between a victim and the assault perpetrator. For instance, it is impossible to face assault charges if a victim is too far to sustain any injury despite the weapon used or the amount of force applied by a defendant.

Also, the prosecution must establish the amount of force used. For instance, if you throw a knife lightly, the power used can show a lack of the present ability to cause GBI.

On the other hand, the prosecution can seek a conviction if your victim was within reasonable proximity and you used enough force to cause great bodily harm.

For example, Peter picks up a huge brick and angrily throws it at Andrew, standing just a few steps away. Andrew ducks the brick that hits a nearby tree, leaving a few broken branches and a massive mark on the bark. The evidence shows that Andrew would have suffered severe injury if he did not duck the brick.

This shows that even though the victim suffered no harm, Peter is guilty of assault by means likely to produce great bodily injury. The prosecution will consider the trier-of-facts in a case before deciding whether to impose misdemeanor or felony charges.

Aware That an Action Is Capable Of Causing Direct or Probable Application of Force

The above element emphasizes that it is not necessary to have the intent to commit a crime. It is enough to know that under the circumstances, your actions had a good chance of leading to the direct or probable application of force capable of causing great bodily harm.

Penalties For Violating Penal Code 245(a)(4)

Violating Penal Code 245(a)(4) is a wobbler offense that prosecutors can charge as a misdemeanor or felony based on the facts of a case and a defendant’s criminal history.

A misdemeanor conviction is punishable by:

• Incarceration for up to 1 year in county jail
• A fine not exceeding $10,000

If the prosecution imposes felony charges, a conviction could lead to the following penalties:

• A jail sentence in state prison for 2, 3, or 4 years

It is also essential to know that violent felonies, including a felony Penal Code 245(a)(4), are subject to California’s Three Strikes Law. The statute can significantly increase the jail time, especially for a defendant convicted of other felonies or violent crimes in the past.

Best Defenses To Fight Penal Code 245(a)(4) Charges

Assault by means likely to produce great bodily harm is a violent crime. Prosecutors will always seek to impose the maximum charges to promote public safety and deter others from similar actions. It remains imperative to work with a skilled and experienced criminal defense attorney who can devise a suitable defense strategy based on the facts of your case.

Here are some of the best defenses your lawyer can use to fight Penal Code 245(a)(4):

Self-Defense

One of the best defenses to see the court drop your charges is self-defense. Your attorney must demonstrate to the court that you had a reason to believe that you or someone else was faced with an impending threat of physical harm. Moreover, you must have used only enough force to protect yourself from danger.

Even if an incident involved self-defense, you are likely to lose the case if you used more force than required to neutralize your alleged attacker. For instance, you cannot justify stubbing your attacker five times because you were in fear of becoming a victim of domestic violence.

Insignificant Injury

Claiming that the victim did not suffer great bodily harm is not a complete defense. However, it can have you charged with a lesser offense or even a misdemeanor instead of a felony.

For example, Craig and Calvin are in a heated argument. Craig throws a slap at Calvin, who simply clicks and leaves for work. Calvin did not need to seek any medical care, which implies that Craig did not use force likely to cause great bodily harm. Depending on other facts of a case, Craig may still face simple assault charges.

A prosecutor could prove the element of GBI if the object or force applied could cause substantial injuries. This includes internal injuries, severe disfigurement, or significant loss of blood. If Craig did not use force that could produce any of these injuries, a competent attorney could help negotiate for a lesser charge.

No Assault

You do not have a case to answer if the prosecution cannot prove that you committed assault. One of the elements the prosecutor must prove beyond a reasonable doubt is that a defendant committed an underlying assault. Charges under Penal Code 245(a)(4) only come in when the force used was sufficient to cause great bodily injury.

Therefore, the accused cannot face charges if the assault never happened.

For example, Grace and Ronald are in an argument when Robert opens a safe to remove divorce papers. He lifts the gun in the safe, pulls out the documents underneath, and hands them over to Grace before asking her to leave. He could have been angry when he possessed the gun, but an assault did not happen. There are no grounds to charge Ronald for violating Penal Code 245(a)(4) or any other statute.

No Intent

A critical element that the prosecution must prove beyond a reasonable doubt is that you had the “intent” to cause the victim physical harm. If this was not your intention, it could be challenging for the prosecution to obtain a conviction. You do not have to serve time for a purely accidental incident.

For example, Liam and Robert buy a ball and playfully decide to hit it on their way home. The path is deserted, so the boys see no harm in making hard kicks to throw the ball further down the road. Unfortunately, Jane enters the trail just before the ball hits her tummy. Jane suffers severe bruises and takes a few days off school to nurse her wounds.

Even though the victim suffered great bodily harm, the defendant had no intent to inflict injury. The incident was accidental, and while it is okay for the victim to seek restitution, it is unfair for the accused to serve time for assault by means likely to cause severe bodily harm.

Mistaken Identification

Sometimes, a defendant faces allegations based on mistaken identity. It could be that assault by means likely to cause great bodily harm happened in a deserted alley. Poor lighting, panic, or even cross-racial identification can lead a witness to mistake you for the actual perpetrator of a crime.

The defendant bears the burden of proof when arguing using the “mistaken identity” defense. Your attorney can help you prove that you did not commit assault by providing an alibi. If you were at work or partying with your friends at the time of an incident, it is evident that you were not the one committing assault along the deserted alley.

Related Offenses

Depending on the facts of a case, the prosecution can charge the following related offenses alongside or instead of assault with means likely to produce great bodily harm:

Simple Assault — Penal Code 240 PC

Sometimes, a skilled lawyer can present arguments that allow your charges to be reduced to simple assault. Simple assault is a lesser crime described as an unlawful “attempt” to injure another person violently.

The following are elements the prosecution must prove beyond a reasonable doubt to convict you of simple assault:

• You committed an act that can cause the direct or application of force against the victim
• Your actions were deliberate or willful
• You knew that your acts would cause a reasonable person to apprehend direct or possible harm through the application of force
• You had the present ability to injure your victim violently

Unlike Penal Code 245(a)(4), Penal Code 240 is a misdemeanor offense. It is punishable by:

• A jail term not exceeding 6 months
• A maximum fine of $1,000

Assault With a Deadly Weapon —Penal Code 245(a)(1)

Under Penal Code 245(a)(1), it is a crime to attack or attempt to attack another person using a deadly weapon. The term deadly weapon describes any object or weapon that can cause death or severe injury. This includes weapons like guns, knives, and other objects that can cause severe bleeding, permanent scarring, internal injuries, or disfigurement.

The elements of Penal Code 245(a)(1) are as follows:

• You committed an act that by nature can cause the direct or probable application of force against your victim
• You used a lethal weapon or applied force likely to cause great bodily harm
• Your actions were deliberate and willful
• You knew that your actions would cause any reasonable person to believe that they risked direct or probable force being applied against them.
• You had the present ability to use the lethal weapon or apply force likely to cause great bodily harm.

Again, the prosecution can have you convicted even if an incident does not lead to injuries. It is enough to establish that your actions were “likely” to cause substantial harm.

Violating Penal Code 245(a)(1) is a wobbler offense if the weapon used was anything else but a firearm. When charged as a misdemeanor, a conviction can lead to the following penalties:

• Imprisonment in county jail for up to 1 year
• A fine not exceeding $1,000

A felony conviction for assault with a deadly weapon is punishable by:

• Incarceration in state prison for up to 4 years
• A $10,000 maximum fine

Assault With A Firearm — Penal Code 245a2

Penal Code 245(a)(2) makes it a crime to commit assault using a firearm such as a shotgun, rifle, pistol, machine gun, or semiautomatic handgun. The term “using” a gun applies to anything, including pointing the firearm at your victim, pistol-whipping, striking or shooting, and missing the target.

For the prosecution to convict you of assault with a firearm, they must prove that the following is true beyond a reasonable doubt:

• You used a gun to perform an act that, by nature, can cause the direct or probable application of force against the victim
• Your actions were deliberate or willful
• You knew that your actions would cause any reasonable person to believe they were at risk of the probable or direct use of force
• At the time of an incident, you had the present ability to apply force against your victim using the firearm

Assault with a firearm is a wobbler offense if the defendant used a generic gun. A misdemeanor conviction is punishable by:

• Imprisonment in county jail for 6 months or 1 year
• A fine not exceeding $1,000

If you are convicted of a felony, the punishment will include:

• A state prison sentence for 2, 3, or 4 years
• A $10,000 maximum fine

Prosecutors always seek to impose felony charges when a defendant is accused of assault with a firearm. However, there are harsher felony penalties to expect when the firearm involved is not the usual generic gun.

When assault involves a machine gun, semi automatic firearm, .50 BMG rifle, or any other non-generic gun, a conviction attracts the following penalties:

• A state prison sentence for 3, 6, or 9 years when the firearm used is a semiautomatic gun
• Incarceration in state prison for 4, 8, or 12 years if the weapon used is an assault weapon, .50 BMG rifle, or machine gun.

Find an Assault Defense Attorney Near Me

California assault laws are complex. There is a thin line between different types of assault, and what seems like a “simple” incident could quickly leave you battling felony charges. Because of the severe and far-reaching repercussions of a conviction for violating Penal Code 245(a)(4), it is in your best interests to contact Leah Legal as soon as you are arrested. We will evaluate your case, provide meaningful advice and employ the best defense strategies to achieve the best possible outcome. If you face assault charges in Van Nuys, CA, call us at 818-484-1100 and let us give you a real chance at dodging the devastating and lifelong consequences of a Penal Code 245(a)(4) conviction.

Sexual assault of a child involves any criminal engagement or attempt to engage in sexual acts with a minor. It can be a misdemeanor or felony, depending on the nature of the sexual act. Aggravated sexual assault on a child is more serious. It considers the nature of the sexual act, the age of the minor, and the age difference between you and the minor at the time of the offense.

Aggravated sexual assault on a child is a felony, attracting a lengthy prison term and hefty court fines for the guilty. It is essential to understand the circumstances in which the law considers your actions aggravated and their consequences. Talk to a competent criminal attorney for more information and legal help when you face charges for aggravated sexual assault on a minor. Your attorney can help you fight your charges for a fair outcome.

Sexual Assault on a Child — What It Entails

Sexual assault occurs when a person deliberately touches another person without their consent for sexual purposes. It could also happen if the person physically forces or coerces another person to engage in a sexual act against the person’s will. Sexual assault is a form of sexual violence. It is a severe offense in California, especially if it involves minors or people incapable of giving consent, like the mentally challenged or unconscious.

California law highly protects minors (individuals aged below 18 years) as they cannot consent to sexual acts. Children do not understand the nature and consequences of sexual actions. That is why they are highly vulnerable to sexual abuse by adults who should be protecting them. California law provides hefty penalties for anyone guilty of sexually assaulting a minor, however lenient the abuse seems.

Engaging in or attempting to engage in sexual acts with a minor is prosecuted under California child molestation laws. You could face misdemeanor or felony charges for your actions, depending on the nature of the sexual act and the minor’s age. Sexual assault can take many forms, including oral copulation, rape, lascivious or lewd actions with a minor, or sending explicit or obscene materials to a minor.

The severeness of your penalties after a conviction for sexually assaulting a minor will depend on whether the act was simple or aggravated.

When Sexual Assault on a Minor Becomes Aggravated

An offense becomes aggravated in California if it has additional factors that make the crime more severe. The additional factors must increase the gravity of the offense. Aggravated factors make penalties harsher after conviction. A simple form of sexual assault on a minor can be prosecuted as a misdemeanor in California, attracting a maximum jail sentence of one year. But an aggravated form of the same offense is a straight felony, punishable by several years in prison.

California law against aggravated sexual assault on a minor is under California PC 269. The law provides various circumstances under which sexual assault on a child becomes aggravated. The legal definition of this offense provides specific elements of this offense. The prosecutor must prove that you are guilty of aggravated sexual assault on a minor beyond a reasonable doubt. These elements are:

• That you committed a specific act of sexual assault on a minor — We shall look into these particular sexual acts in greater detail below.
• The victim was 14 or younger at the time
• You were older than the victim by seven years or more

When a Minor is Below 14

The age of consent in California is set at 18. Anyone below 18 is considered a minor and incapable of consenting to sexual acts. While all minors receive state protection against sexual predators, special protection is given to younger children below 14. Anyone guilty of sexual acts with a minor aged 14 or younger is severely punished in California. Sexual acts against a victim below 14 are considered aggravated and are highly punished in California.

When the Defendant is More than Seven Years Older than The Victim

Sexual assault on a minor becomes aggravated if the minor is below 14 and the age difference between the minor and the defendant is seven years or more. For instance, a 47-year old man facing charges for having sexual relations with a 12-year old will face charges under this law.

Adults are expected to be at the forefront in protecting minors against abuse, especially sexual abuse. Any older adult engaging in sexual acts with a minor below 14 is highly penalized in California.

Specific Sexual Acts Listed Under This Statute

As previously mentioned, sexual assault can take many forms. Some acts are considered minor, while others are severe. Severe sexual acts committed against a minor make the offense aggravated and could lead to heftier penalties upon conviction. The specific sexual acts listed under this statute, which makes a sexual assault on a minor aggravated, include:

     1. Rape — California PC 261

California law defines rape as using threats, force, or fraud to engage in sexual intercourse against the other person’s consent. Several acts constitute rape in California, including engaging in sexual acts:

• With someone incapable of consenting to the act because they are a minor or have a mental disorder
• Through violence, force, or coercion
• With someone that cannot give consent because they are highly intoxicated
• With someone unconscious of the act

Example: Sammy forcefully enters the house of his next-door neighbor Jessy. He frightens her daughter into having sexual intercourse with him, threatening to hurt her mother if she fought back or called for help. Sammy is guilty of aggravated sexual assault on a minor if Jessy’s daughter is below 14 and has an age difference of seven years or more with Sammy.

Rape is, more often than not, accomplished through violence, force, menace, duress, retribution, fear of physical injury, and fraud. The victim must be alive at the time of the offense for you to be guilty of rape.

It must also involve sexual intercourse, which means any penetration of the vagina or genitals by the male penis. Even a slight penetration counts as rape. Ejaculation is not required as proof of penetration.

The offender must have accomplished the act against the victim’s consent. Minors are incapable of consenting. Therefore, penetration of a minor’s vagina or genitalia by a male penis, accomplished through force or violence, will satisfy the elements of rape.

     2. Gang Rape — California PC 264.1

Gang rape or rape in concert occurs when you commit rape in cahoots with another person. You will face charges under this statute if you and another person/people work together to engage in non-consensual sex with a particular person.

The elements of this offense are the same as those of California rape, but with an additional factor that requires the defendant to have worked in concert with another person. Working in concern with another person can happen in one of two ways:

• You committed the rape offense while another person assisted you
• You aided and abetted another person to commit the offense

Aiding and abetting means helping another person commit rape. You could be guilty of aiding and abetting another person to commit rape when you know that the person intends to commit the crime, they seek your assistance and you assist, facilitate or encourage them in actions or words.

The offense is referred to as gang rape because it involves multiple people teaming up together in the commission of rape. The prosecutor will prove the following elements for the court to find you guilty under this statute:

• That you committed an act of rape as defined under California PC 261
• You had accomplices

Gang rape is a severely punished offense in California. If you are guilty of gang-raping a minor below 14, you could receive up to fourteen years of prison time.

     3. Sodomy — California PC 286

While sodomy is generally legal in California when it happens between two consenting adults, it is illegal when committed with a minor or accomplished through fear, force, and threats.

Sodomy occurs when a person establishes sexual contact between the penis and anus of another person. Violating sodomy laws attracts severe penalties upon conviction.

Even a slight penetration satisfies the elements of this offense.

Ejaculation is not needed as evidence of penetration.

Sodomy against a minor below 16 is a severe felony in California. It will lead to aggravated sexual assault charges against a minor. Your penalties could increase if you accomplish the act through violence, fear, or force.

Victims of sodomy also have a legal right to file a lawsuit against their offenders for compensation. Compensation can be used to cater to their medical bills, psychological counseling, lost wages, pain, and suffering.

     4. Oral Copulation — California PC 287

Oral copulation with a child is a grave offense. It occurs when a person’s mouth copulates with the vagina, anus, or penis.

California PC 287 is a general law against oral copulation accomplished through violence, force, menace, fear, or coercion. The crime is a felony, punishable by eight years in prison. Oral copulation with a child is prosecuted in reference to state laws against statutory rape, which makes it a crime for anyone to have sexual relations with a minor, whether consensual or non-consensual.

Some instances of oral copulation with a child require graver penalties upon the conviction of an offender. For example, if the child is mentally disabled or intoxicated.

Punishment for oral copulation with a child also depends on the minor’s age and the age difference between the minor and the offender at the time of the offense. If the victim is younger than 16 and the defendant is older than 21, the offense is a straight felony, punishable by three years in prison.

But if the alleged victim is younger than 14 and the offender is ten years older than the victim, the offense is a felony, punishable by up to eight years of prison time.

A conviction under this statute comes with additional consequences like a mandatory requirement to register as a sex offender.

     5. Forcible Sexual Penetration With a Foreign Object — California PC 289

California PC 289 makes it an offense for a person to penetrate the anus or vagina using a foreign object without the person’s consent and through force, threats, or fraud. The offense becomes aggravated sexual assault if the victim is a minor under 14.

Sexual penetration of a minor is already a severe offense in California. Using a foreign object, threats, or fear to accomplish the act aggravates the offense. The defendant’s actions must have intended to sexually abuse the victim or sexually arouse or gratify the defendant.

Even a slight penetration of the anal opening or genital of the victim counts as forcible sexual penetration.

Causing a minor to penetrate your anal opening or genitals or those of a third party also satisfies the elements of this offense.

Causing the minor to penetrate their anal opening or genital, however slightly, counts as an offense under this statute.

A foreign object means any object other than a sexual organ, including a body part. Penetration with a sexual organ is referred to as sexual intercourse. Thus, penetration using fingers will satisfy the elements of this offense.

California PC 289 is a straight felony, punishable by eight years in prison.

What Are the Consequences for Aggravated Sexual Assault on a Minor?

When the sexual assault becomes aggravated, the penalties are likely to increase for anyone guilty of the offense. Sexual assault on a minor is punished according to the underlying offense. For instance, oral copulation with a minor is punishable by eight years in prison. An aggravated form of this offense, whereby the victim is below 14 and their age difference with the offender is more than seven, will lead to more years in prison. Here are the likely penalties for anyone guilty of aggravated sexual assault on a minor in California:

Increased Prison Sentence

Aggravated sexual assault on a minor is a felony offense in California. The offense is punishable by imprisonment in state prison for fifteen-to-life of imprisonment. The exact length of your prison time will depend on your criminal history and the circumstances of your case.

The judge can decide to sentence you to felony probation in place of or together with prison time. In that case, you will be serving part of your sentence out of incarceration but under the supervision of a provision officer. The probation period lasts for between three to five years. The judge will give you a set of probation terms and conditions that you must abide by throughout the probation period. For instance, you must not commit any offense while on probation. You will be rearrested and sentenced to the full prison sentence if you violate any probation condition.

Registering in the Sex Offender Registry

Certain sex crimes in California carry a requirement to register in the sex offender registry as part of punishment after conviction. Aggravated sexual assault on a child is among them. The condition is under California PC 290. The sex offender registry is meant to monitor and keep track of sex offenders after they are released back into the community. It provides information to public members about convicted sex offenders, including their names, location, and past convictions.

Aggravated sexual assault on a child is a tier 3 offense in California. It carries a mandatory requirement for the defendant to register their name in the sex offender registry for life. Every year, you must submit your details to the registry without fail.

Failing to register in this registry is a severe offense, prosecuted according to the underlying offense. Since aggravated sexual assault on a child is a felony, you will face felony charges for failing to register, punishable by three years in prison. You will serve the three-year prison term consecutively with the prison term given for the underlying offense.

Consecutive Prison Sentences

You could face consecutive prison sentences if you are guilty under California PC 269. It applies mainly to defendants with more than one count of aggravated sexual assault on a minor. If the victim is more than one, you will face separate charges for every victim you assaulted. Also, if the victim is one person, but you assaulted them more than once, you will face separate charges for every instance.

If the judge imposes consecutive prison sentences on your case, you will serve one sentence after another until you ultimately serve your prison terms. You will be in prison longer than the law provides for this offense.

Find a Competent Van Nuys Criminal Defense Attorney Near Me

Sexual assault on a minor is a serious offense, carrying a lengthy prison time and high court fines. Penalties increase significantly if you are guilty of aggravated sexual assault on a minor. You need competent legal services to fight your charges for a reduction or dismissal of your charges. If you or your loved one face similar charges in Van Nuys, CA, you could benefit from the skills and experience of our criminal attorneys at Leah Legal. We handle cases like these every day. Thus, we have strategies that could work to produce a fair outcome for your case. Call us at 818-484-1100 and let us study the details of your case.

Child abuse and child endangerment are commonly confused among many Americans. However, these two terms mean and describe distinct situations and are handled differently. As addressed under California Penal Code 273(a), child endangerment refers to a behavior where a person willfully permits or causes a child under eighteen years to suffer an injury. This statute seeks to punish parents and guardians and anyone who reasonably allows a child or their health to be in danger.

On the other hand, child abuse is the willful infliction of inhuman punishment on a child resulting in a traumatic condition. Child endangerment and abuse are serious offenses that attract severe and life-changing consequences in case of a conviction. In addition to jail time, your life may turn upside down owing to a conviction for these offenses. The best way to counter a child endangerment or abuse charge is by enlisting the services of a skilled criminal defense attorney.

The most straightforward way to understand the difference between child abuse and child endangerment is to review what California law says about each offense:

Child Abuse

California Penal Code 273(d) criminalizes child abuse which occurs when you deliberately inflict harm or corporal punishment on a child causing them a traumatic condition. Child abuse is one of the most severe and life-changing crimes with which you can be charged and convicted. Under this statute, any person convicted of child abuse risks spending significant time behind bars. Additionally, you may face additional consequences, including losing child custody and your job.

When proving your guilt for child abuse, the prosecution needs to prove these elements of the crime:

• You willfully inflicted inhuman punishment or physical injury on a minor. Regardless of the explanation for your actions, the prosecutor must prove that your conduct towards the child was intentional. Corporal injury is physical punishment that is likely to cause injury. Common examples of child abuse include choking, burning, pushing, kicking, slapping, punching, hitting, burning, and shaking, among others.
• The injury or punishment caused a child to suffer a traumatic physical condition. Under this statute, a traumatic condition is any wound or bodily injury resulting from a direct force application. Some examples of a traumatic condition include a concussion, a sprain, broken bones, or internal bleeding. The damage does not need to be severe to qualify as a traumatic condition when proving child abuse.
• When you acted, you were not disciplining the child. Parents are allowed to spank their children or impose any form of discipline as long as it is reasonable. If spanking is done reasonably and there is no use of excessive force, it cannot suffice as child abuse. When proving your guilt for child abuse, it must be clear that you did not intend to discipline your child when you acted reasonably. However, it is essential to understand that the issue of punishing a child is controversial and what is considered acceptable could change in the future.

When you face charges for child abuse, it is essential to remember that prior incidences of child abuse or corporal punishment can be used to enhance your sentence. However, the court conducts a hearing before the introduction of the evidence. At the hearing, the court will consider the following factors:

• Whether or not the evidence will cause prejudice from the jury.
• The time elapsed between the prior acts and the current child abuse charges. If allegations for past actions were brought more than ten years ago, the prosecution could not present them.
• Whether past allegations were backed up by sufficient evidence

In California, child abuse is treated as a wobbler. At their discretion, the prosecution could bring felony or misdemeanor charges. Some of the factors that could affect the prosecutor’s decision include your criminal history and other case circumstances. Most minor first offenses will attract misdemeanor charges punishable by a one-year jail sentence or a fine that does not exceed $6,000 and summary probation.

If your actions against the child were cruel, you are a repeat offender, or you cause injury to the victim, you will be charged with felony child abuse. A felony conviction under this statute will cause you to spend six years in state prison. Additionally, the court may require that you pay a $6,000 fine and felony probation.

The court may impose harsh conditions if you are sentenced to probation instead of prison time after a conviction under PC 273(d). Some of the probation conditions include regular check-ins with your probation officer, a restraining order to protect the victim, and mandatory enrollment in a child abusers treatment program. If you violate any probation terms, the court could hold a hearing to revoke your probation and reinstate prison time.

Defense Against Child Abuse Charges

Child abuse is one of the most severe domestic violence offenses, and a conviction could ruin your life. Therefore, it is crucial to focus on building a defense as soon as you learn about the charges. Common defenses to this charge include:

1. Wrongful accusation. Law enforcement officers take reports of child abuse seriously, and they may arrest you even before carrying out the necessary investigations. The law focuses more on protecting the children and fails to consider the many incidences of false allegations resulting from anger, jealousy, or revenge. With the guidance of a knowledgeable attorney, you can prove that the allegations are false.
2. The child’s injury is not a consequence of your actions. There are conducts that could be considered abusive to a child. However, for child abuse charges to suffice, your actions must have caused a traumatic condition for the child. Sometimes, an injury resulting from an accident could be reported as abuse. If you have a reasonable explanation for the cause of your child’s injury, you can evade a conviction under this statute.
3. Injuries were accidental. You will be found guilty of child abuse if you intentionally caused the child to suffer a traumatic condition. If your child was injured through a genuine accident, you could not face a conviction under this statute.

Child Endangerment

It is a crime to put a child in a dangerous situation unlawfully. The crime of child endangerment is charged under California Penal Code 273(a), and the child does not need to suffer an injury for you to be charged and convicted under this statute. California law places a great emphasis on the protection of minors. This makes child endangerment a severe crime with life-changing penalties and consequences. If you are responsible for a minor and allow them to be put in a risky situation, you can be charged with child endangerment even when your actions did not directly harm the child.

Before obtaining a successful conviction under this statute, the prosecution must prove these elements beyond a reasonable doubt:

1)  You Engaged In Any Of The Following Conduct

• Willfully inflicted unjustifiable, mental, or physical suffering on a minor.
• You permitted a child to suffer unjustifiable pain.
• While a child was under your care, you put them in a situation where their health would be endangered.

Under this statute, the term willful means that your actions were intentional. However, the prosecutor need not prove that you acted with an intent to harm the child. The only thing that needs to be clear is that you acted in a manner that put the child in a dangerous situation.

2)  When You Permitted Or Caused A Child To Be Injured, You Were Criminally Negligent

For child endangerment, criminal negligence is more than the ordinary carelessness or a mistake of judgment. You act with criminal negligence under the following circumstances:

• You act in a reckless way that is different from how a reasonable person would act under similar circumstances.
• Your actions at the time disregarded human life and the safety of another person.
• A reasonable person would have known that acting the way you did could harm others.

Your behavior will amount to criminal negligence if your actions go against common sense, and the test will be whether or not a reasonable person would have done the same.

3)  If You Are The Child’s Parent Or Guardian, You Were Not Disciplining The Child

As a parent or guardian, you have a right to discipline your child. However, when the form of punishment is not reasonable, and you put them in a situation where they could suffer unjustifiable harm, you can be arrested and charged with child endangerment. Unjustifiable pain or suffering any pain that is not necessary or is excessive under the circumstances.

4)  You Acted In A Way That Was Likely To Produce Severe Bodily Injury Or Death

Child endangerment can be charged as a felony or a misdemeanor. For you to be charged with a felony, the prosecution must prove that your actions were capable of causing significant injury to the minor. Under this statute, great bodily injury is any substantial injury. While minor injuries may fail to meet the requirement, the jury determines the likelihood of severe physical injury depending on the circumstances of your case.

It is essential to understand that the child does not need to suffer the injury or death for you to be charged with a felony under this statute. The prosecutor only needs to show that significant bodily injury was a likely consequence of your actions.

Penalties for Child Endangerment

A conviction for child endangerment attracts serious legal consequences. Since the offense is a wobbler, your penalties will vary depending on the nature of your charges. If your actions did not create a risk of significant bodily injury, you would be charged with a misdemeanor. A misdemeanor violation of Penal Code 273(a) attracts the following penalties:

• A minimum jail sentence of up to six months.
• Fines not exceeding $1,000.

As an alternative to jail time, the court could sentence you to informal probation after a conviction for child endangerment. The minimum probation period for this offense is four years. While on probation, the court may impose the following conditions:

• Issue a restraining order against you. The protective order will require that you avoid contact with the alleged victim.
• You must complete a child abusers treatment program approved by the court.
• Order for you to undergo alcohol or drug abuse counseling if you acted while under the influence.

If you comply with the probation conditions, the court may grant you an early probation termination. Terminating your probation will release you from the obligations associated with the offense and allow you to apply for expungement.

If you are charged with felony child endangerment, a conviction may result in the following penalties:

• A prison sentence of two to six years.
• Fines of up to $10,000.
• Felony probation with similar or harsher conditions than those ordered for misdemeanor probation.

Penalties Enhancements for Child Endangerment

When charged as a felony, some situations could result in enhancement of penalties for child endangerment in California:

1.  Great Bodily Injury Enhancement

If a child suffers serious injuries resulting from your negligent acts, you could receive additional prison time as follows:

• Three to six years if you inflicted the injury. The amount of time added to your sentence depends on the alleged victim’s age.
• A minimum of four years if the child died due to your actions.

2.  Murder or Manslaughter

The prosecutor may file criminal charges for second-degree murder or manslaughter alongside child endangerment when a child dies due to negligent acts. These offenses carry severe legal consequences, and a conviction could cause you to spend a significant amount of time behind bars.

3.  California Three Strikes Law

A conviction for felony child endangerment counts as a strike under California Three Strikes Law. If you have a strike in your record, you may face penalty enhancement in subsequent felony convictions. If you accumulate up to three strikes in your record, a conviction for a felony offense in California will attract a mandatory sentence of twenty-five years to life.

How Can I Defend Against PC 273(a) Charges?

While the charges for child endangerment are taken very seriously, it is possible to fight them and avoid the harsh consequences accompanying a conviction. With the guidance of a skilled criminal attorney, you can build a defense around these arguments:

• You Did not Act Willfully

One of the critical elements that must be clear when proving your guilt under this statute is that you acted willfully or with criminal negligence. By arguing that you did not act willfully, your attorney can create reasonable doubt in the prosecutor’s case and give you a chance to fight the charges.

• False Accusations

Child endangerment charges resulting from false accusations are a common occurrence in California. If you are undergoing a divorce or child custody battle, your child’s other parent may need to falsely accuse you of such a crime to have the upper hand in family court. In other cases, a child can make fake allegations due to manipulation by another person.

Whatever the explanation for false allegations, law enforcement officers will not want to be held accountable for ignoring possible harm to a minor. During your prosecution, you are responsible for showing that there is no basis for the allegations. To aid this defense, your attorney can interview all the witnesses and the alleged victim to reveal the truth of the events.

• You Were Disciplining Your Child

You can lawfully discipline your child through reasonable corporal punishment as a parent. Sometimes, a person who sees you engage in such an act could report you for child endangerment. With the guidance of a skilled attorney, you can argue that you were exercising your parental right to discipline the child.

• Mistake of Fact

Sometimes, you could be charged with child endangerment because a well-meaning individual misinterpreted a situation. Such incidents are made worse by the mama dory reporting policy, where some individuals in the society are tasked with reporting suspected child endangerment. If you can prove that the reporter was mistaken in what they saw and reported, you may be able to beat the charges.

Find a Criminal Defense Attorney Near Me

Many people do not know the difference between child abuse and child abuse, and they tend to use these terms interchangeably. While both terms describe criminal activity against minors, they are different in definition and how the law handles them. You can face arrest and criminal charges for child endangerment if you put a minor in a position to be harmed. On the other hand, the crime of child abuse is brought upon individuals who inflict physical, sexual, or emotional injuries on a child.

Understanding the difference between these offenses will help you plan how to move forward with your defense if you face criminal charges under these statutes. Seeking and retaining the services of an experienced criminal defense attorney is a crucial step in fighting and beating child abuse or endangerment charges. 

At Leah Legal, we understand the level of damage that a conviction under PC 273(a) or 273(d) could cause to your life. We will review your case and build a solid defense to help you fight the charges and avoid a conviction. We serve clients battling criminal charges in Van Nuys, CA. Contact us today at 818-484-1100 to discuss more details of your case.

Committing a drug-related offense often results in several outcomes for persons found guilty of the alleged charge. Notably, you may face harsh imprisonment sentences or pay expensive fines. Therefore, you want to raise strong defenses to support your case and avoid facing incarceration or other serious case outcomes. You will need to partner with a reliable criminal defense attorney who understands the value of conducting sufficient research and due diligence on your case. With Leah Legal, you will receive the best criminal defense services aimed at helping you avoid incarceration for concealing drugs in a false compartment. After reaching out to us, you will receive assistance round the clock to ensure you have a credible defense that matches up with the prosecutor’s case.

Understanding the Nature of the Offense

In California, the Health and Safety Code serves as the primary statutory provision for drug-related offenses. Thus, the information in the statute regarding concealing drugs under pretenses will be the prosecutor’s main source of information. 

Understanding the definition of the crime is therefore essential. Section 11366.8 of the Health and Safety Code provides an in-depth definition of the offense and its elements. This way, you can better understand applying the regulations in formulating a proper defense for your benefit. 

With an attorney’s help, you will also be better positioned to pre-empt the prosecutor’s advances and identify any shortcomings in their argument, which is useful in increasing the chances of a successful case outcome. 

Elements of Crime for Concealing Drugs in a False Compartment

Criminal cases proceed based on the type of evidence presented and its quality. Therefore, criminal procedure guidelines place a lot of emphasis on producing highly credible evidence by the prosecutor. This is because the proof is heavily relied on to determine whether or not to convict you, which yields a lot of negative consequences. 

Hence, the prosecutor carries the burden of proof to show that you are guilty of concealing drugs in a false compartment by relying on the elements of crime linked to the offense. This way, they will ensure that the standard of proof is sustained beyond a reasonable doubt, in line with the criminal law directives. 

Learning about the various elements of the crime is helpful for you, too, because it serves as a guide map to determine the applicable arguments in your case. Your criminal defense attorney will be keen to identify any arising issues and develop counterarguments that align with your defenses.

The elements of the crime for concealing drugs in a false compartment range, depending on the Health and Safety Code relied upon. They are:

You Used, Controlled, or Possessed a False Compartment

Section 11366.8(a) of the Health and Safety Code provides that anyone found using, controlling, or possessing a false compartment may be suspected of the offense. Based on this, the provision forms the first element of crime related to having the false compartment within your control. 

A false compartment includes any item that can contain or hold drugs for a reasonable time by enclosing it to prevent external factors from destroying the drugs. With this in mind, a false compartment may include a container, small to mid-sized space, or any box that can serve the purpose. 

The prosecutor will rely on various elements of crime, depending on the case circumstances in question. For example, if you face accusations of possessing a false compartment, their evidence will show that you had the item within your person. 

Alternatively, the prosecutor may have to prove that your possession consisted of exercising reasonable control of the false compartment, even if you did not have it on you. For example, having the item in your car at the time of arrest may also be sufficient to prove possession. 

Secondly, where a case involves using a false compartment, the prosecutor’s evidence should be geared towards showing you the specific act. Using the false compartment means having drugs stored inside to conceal them from probable detection. Therefore, the case should take on a direction to show your effort to conceal the drugs using the item in question. 

For example, video footage can form a primary evidential source if it is relevant to show you using the false compartment. Alternatively, any witness present as you tried to conceal the drugs may also testify against you to present details on the element.

Having control over the false compartment often goes hand in hand with possession, so the prosecutor may choose to combine both elements into one, depending on the facts. Nevertheless, due regard must still be paid to the different rules of evidence to ensure that the prosecution is fair.

You Intended to Smuggle, Store Transport, or Conceal Drugs

Secondly, the prosecutor should prove that you intended to move or hide the drugs in the false compartment for the offense to attract legal repercussions. Proving criminal intent is important in criminal cases, as intention distinguishes criminal acts from accidental or good faith actions. Therefore, you can expect the prosecutor to focus on establishing the factors in question adequately as they try to establish the fact in court. 

If your case involved smuggling, the prosecutor would need to show the specific intentions you were involved in to ensure the offense succeeded. Smuggling involves trying to move with illegal items in unrestricted areas, meaning that if you were caught with the item, you would face repercussions. Hence, your actions should have shown that you tried to hide the drugs in question by using the false compartment as the main item to conceal them. 

Evidence of you smuggling the drugs may also be available for use to your detriment in court. For example, if you tried to gain access to a plane with a small box of drugs, the prosecutor will rely on the proof sourced to show your intention. 

Lastly, you should note that proving intention even where your actions were unsuccessful is acceptable in court. This is because the presiding judge is mostly interested in the criminal element of your intention to break the law. Hence, you cannot rely on the defense of not having moved the drugs, provided the prosecutor has shown that you intended to. 

Similar factors like the intention to store, transport, and conceal the drugs also follow the same consideration pattern discussed above, depending on the case circumstances. For example, proving an intent to transport the drugs requires the prosecutor to show that you made plans to move them from one point to another. Alternatively, the prosecution team can show that you moved the drugs but were apprehended midway.

You Built, Designed, Installed, Altered, or Attached the False Compartment into a Car

Section 11366.8(b) of the Health and Safety Code further provides for additional offenses associated with concealing drugs in a false compartment, including building, designing, or attaching the compartment to a car. Parties found guilty of this are answerable because of the unlawful nature of attaching the false compartment in the vehicle. The act aims to help the accused party transport the drugs or hide them away from public scrutiny. 

Subsequently, the evidential sources presented by the prosecutor should focus on showing the specific actions you undertook to complete the action. For example, if you face accusations of building a false compartment into the vehicle, the prosecution team should present evidence of the activity. They may do this by securely retrieving tools or devices to attach the compartment to your car. These include drills, screws, or even tape. 

Altering your vehicle to make a provision for the false compartment also amounts to an offense, as you will have created a provision to hold the controlled substances. As a  result, the investigating officers assigned to your case may have searched your car to determine whether the false compartment came about due to deliberate efforts to change its appearance. If so, you will be answerable to the charges. 

Photographic exhibits are common evidential sources as the prosecutor presents this element of the crime. They are often an easier option than presenting the entire vehicle for inspection. Hence, you will receive copies of the photographs during the discovery period. To avoid facing charges unfairly, you want to ensure that the images were taken from your vehicle and not a similar-looking one.

You Built or Designed the False Compartment Intending to Smuggle Transport or Hide Drugs

Lastly, the prosecutor will also need to show that you undertook the building, attaching, or designing with a criminal intention. As mentioned, showing this element of the crime is essential to establish an accused person’s wrongdoings, and failure to do so may result in your acquittal. 

Due to this, the prosecutor will rely on several factors to establish that criminal intent was present. For example, any prior purchases on tools used to fix, repair or build materials can be helpful information in helping establish your wrongdoing. 

Thus, the investigation officers will try to retrieve any traces of your expenditures by tracking your card usage, receipts, and surveillance footage in stores you visited. Further, witness statements from any persons present while you made your purchase will also be factored in to determine intent. 

Notably, establishing intent highly depends on the circumstantial evidence available in each case. Therefore, your attorney will advise you not to be surprised if the prosecutor develops a case based on actions that seem unrelated to the main issue in question. Instead, you can work with your criminal defense attorney to ensure your defenses align with the matter for adequate delivery of your counterargument.

Defenses Applicable for Concealing Drugs in a False Compartment

After the prosecutor finalizes presenting their case, you will have a chance to raise relevant defenses. This trial stage is essential in establishing the overall case development, as your defenses may introduce crucial points of consideration. Subsequently, you want to go through the crucial pointers with your attorney before appearing in court to help you establish the best arguments to introduce. 

You should also note that not all defenses apply to your case, so you do not expect to use all in your case. Hence, making a detailed comparison between the points, you intend to put across, and the accusations you face is vital to developing a credible defense. 

Some applicable defenses to your case include:

You Lacked the Intent to Conceal the Drugs

Having emphasized the importance of proving intention in any criminal case, you can rely on this defense to cast reasonable doubt on the prosecutor’s presentation. This would involve showing that the actions you are accused of are inaccurate based on their unintended nature. As a result, your criminal defense attorney can rely on several argument approaches to disprove the prosecutor, including labeling your actions as accidental.

Noteworthy, proving intention requires indicating the legal rules against what the accused is about to do, coupled with acts of impunity towards the regulations. Hence, your defense should show that you did not intend to conceal drugs or knowingly do it. 

For example, if you were used as a mule to transport the controlled substances, you can explain your situation’s circumstances to help you prove your innocence. If so, you also need to identify the potential suspects of your actions, particularly those who lured you into performing the illegal activity on their behalf. 

You Made a Confession After Coercion

Secondly, you can use the defense of coercion to show that you did not play a role in the offense, yet you were forced to admit to it. This counterargument is ideal where you have a strong alibi that proves you were utterly uninvolved in the alleged concealing of drugs in a false compartment.

For example, if you strongly believe that the investigation officers used false information to force you into admitting fault, you can inform your defense attorney, who will then help you raise the defense. Supporting your counterargument with evidential proof is always advisable, as it allows you to build credibility. Therefore, you can provide information on how the officers involved in the case forced you to give a false confession. 

Even where you were actively involved in concealing drugs, investigating officers should not coerce you into making a false confession. Doing so violates criminal procedure rules that encourage a fair trial and holding an accused person innocent until proven guilty. Thus, the judge is likely to side with your version of events, provided you present sufficient evidence to support it. 

Your Case Involved Entrapment

Some accused persons may face unfair criminal procedures if their case is built on entrapment. The process often involves tricking the arrested person into providing self-incriminating information at the expense of risking conviction. Consequently, you may face strict penalties based on the illegally obtained information, resulting in an impediment to justice. 

When presenting on this defense, you want to be specific about the specific type of entrapment you suffered. Doing so will help eliminate possible avenues for the prosecutor to challenge your credibility during cross-examination. For example, if the entrapment involved police setting you up to conceal the drugs in a false compartment, you can raise this issue before the judge in the preliminary stages of your case and ensure it has been well addressed. 

Moreover, some entrapment cases may involve members outside the law enforcement field in fraudulent operations. They may trick you into concealing the drugs on their behalf under the pretense that nothing harmful or illegal is inside. If you accept, you will have taken on partial blame for emerging legal issues. Thus, you want to present your case in the most credible way to ensure your point is delivered exhaustively. 

Penalties for Concealing Drugs in a False Compartment

After listening to both sides, the judge holds the discretion to determine whether you are guilty or innocent of the charged offense. If found guilty, you may receive any of the following punishments, depending on the nature of your crime.

If you violate section 11366.8 (a) of the Health and Safety Code, You may spend one year in county jail. Alternatively, violating section 11366.8(b) may result in imprisonment for sixteen months, two or three years.

Contact a Criminal Defense Attorney Near Me

Being accused of concealing drugs in a false compartment can be detrimental, primarily if found guilty. Your case may be tried as a felony or misdemeanor, resulting in potentially harsh punishments. Nevertheless, you can avoid this outcome by consulting an experienced criminal defense attorney knowledgeable of the laws. At Leah legal, you can expect to work with some of the best criminal defense attorneys dedicated to helping you raise strong defenses for your case. Our team comprises highly experienced persons with sufficient information to handle accusations of concealing drugs in a false compartment. If you or a loved one requires legal assistance in Van Nuys, California, call us at 818-484-1100.

Following a criminal charge can be challenging and confusing, not knowing what will occur next, particularly if you are a first-time defendant in Van Nuys. Luckily Assembly Bill 3234 (misdemeanor diversion program) can allow you to have the case erased or dismissed upon completing a court-imposed diversion program. It enables you to protect your name, professional license, employment, immigration status, and criminal record. This blog discusses different diversion programs you can consider, depending on the circumstances of your charges. Keep reading to learn whether you are eligible. 

What is a Misdemeanor Diversion Program?

A misdemeanor diversion program allows an eligible defendant to avoid incarceration by undergoing treatment. Upon completing the program, the criminal case will be dismissed and your arrest record sealed as if it never occurred. Theoretically, first-time defendants have a great opportunity to qualify for the misdemeanor diversion programs.

It is not a must you enter a no contest or guilty plea to engage in a misdemeanor diversion program. Nevertheless, if you fail your program or commit another crime before your program period ends, your original charges pick up where they left off and can lead to a conviction.

Assembly Bill 3234 gives the judge the discretion to order diversion (apart from in specific cases), even when the prosecutor objects. In other words, the judge in the court prosecuting your misdemeanor case can offer you a diversion once they determine it is appropriate. The judge can suspend the criminal case for two years if you accept the diversion offer.

During this time, you should comply with terms and conditions imposed by the court based on your criminal history and case circumstances. Common conditions include:

• Performing community service
• Attending alcohol classes
• Drug treatment program
• Anger management

All defendants should pay restitution to the victim(s) who suffered losses. Additionally, they should adhere to the restraining or protective order issued in the criminal case.

However, if you are financially unable to pay the restitution, it will not be considered a legal ground to find you in violation of the diversion conditions.

Impact of a Misdemeanor Diversion Program on Federal Issues

Misdemeanor diversion programs have potentially significant effects on federal matters like licensure and immigration. Federal laws treat a guilty plea, even if later withdrawn under a diversion, as a conviction as opposed to California laws that deem judgment final following the sentencing phase of the criminal justice process.

A defendant who fails to complete their misdemeanor diversion, the absence of a guilty plea preserves their entitlement to litigate the charges in a jury trial if it becomes relevant.

Crimes Not Eligible for Misdemeanor Diversion Program

Not all misdemeanor offenses are qualified for diversion consideration under AB 3234. The diversion programs are unavailable for persons charged with:

• Domestic battery (PC 243(e)(1))
• Corporal injury to a spouse (PC 273.5)
• Stalking (PC 646.9)
• A California misdemeanor sex-related crime that requires the accused to register as a sex offender per PC 290

Presenting a Petition at the Trial Court

Just because you are eligible for a misdemeanor diversion program, it does not necessarily mean the judge has to grant it to you. You have to fight for it. Therefore, it is wise that you present an effective and persuasive petition that highlights mitigating factors about your criminal history, background, character, and other legal arguments and relevant facts supporting your diversion request.

Other Pretrial Diversion Programs

Are you worried that you could not be eligible for the misdemeanor diversion programs, particularly with a previous crime? 

Well, there are other pretrial diversion programs for which you can qualify, namely:

• Drug diversion
• Military diversion
• Mental health diversion

Generally, pretrial diversion programs are tailored for defendants struggling with mental health conditions, post-traumatic stress disorder, and addiction. The accused person receives the help they require while simultaneously avoiding a criminal record and serving time. The state also benefits in that the District Attorney’s caseload is lighter, and space in jails is not wasted on individuals in need of assistance instead of punishment.

Drug Diversion

PC 1000 allows an eligible defendant charged with a low-level drug crime to have their criminal charges dismissed if they complete drug treatment.

Some of the crimes that allow defendants to engage in drug diversion include:

• Possession of controlled substances (HS 11350)
• Illegal possession of marijuana (HS 11357)
• Drug paraphernalia (HS 11364)
• Abetting or aiding the use of unlawful controlled substances (HS 11365)
• Methamphetamines and drug possession (HS 11377(a))
• Under the influence of controlled substances (HS 11550)
• Illegal cultivation of marijuana (HS 11358)
• Forging or altering a prescription to acquire drugs for personal use (HS 11368)
• Possessing or using nitrous oxide (PC 381)

The listed laws cover common controlled substances like heroin, cocaine, ecstasy, ketamine, marijuana, gamma-hydroxybutyric, peyote, methamphetamines, and prescription opioids like hydrocodone and codeine.

To qualify for this misdemeanor diversion program, all the statements below should be correct:

• Within five (5) years before you committed the charged crime, you have not been convicted of a criminal activity involving drugs apart from the crimes highlighted in PC 1000
• The crime did not involve an offense of threatened violence or actual violence
• There exists no proof of simultaneous violation associated with dangerous narcotics apart from the commission of the crimes highlighted in PC 1000
• You have no previous felony conviction within five (5) years before you committed the charged crime

How a Defendant is Referred to the Drug Pretrial Program

First, the prosecutor will review your case. The prosecution will advise you and your defense lawyer in writing if you look eligible for the misdemeanor diversion program.

Your notice of qualification from the prosecution will entail:

• An explanation of every procedure involved in the program
• Description of authorities and duties of the prosecutor, probation department, court, and the program
• A statement indicating that the prosecutor can terminate the pretrial program following your failure of treatment, commission of an offense that disqualifies you, or violation of program conditions
• Information that the judge will dismiss your charges after you complete the drug treatment
• A clarification of how you can answer any question about your arrest and drug treatment after completing your program
• A statement indicating that to obtain the program, you should plead not guilty to the criminal charge and waive your rights to a jury trial, a speedy trial, and a speedy preliminary hearing

Then the judge will schedule a court hearing to determine whether you qualify and consent to the diversion program. Before making this determination, the judge can require a probation officer to investigate your case. The assigned probation officer will consider your age, employment records, community ties, previous drug use, demonstrable motivation, educational background, and treatment history.

Please note that any statement you make to the probation department during the investigation will be inadmissible to verify your original charges. Instead, the court and the probation department will use the information to decide whether you will benefit from treatment, rehabilitation, or education. Then the judge will determine what form of rehabilitation, treatment, or education would be suitable.

You will be given a chance to consent to your participation. If you agree, you will plead not guilty to your criminal charges and then complete a jury trial, speedy trial, and speedy preliminary hearing.

The drug diversion program should be either:

• A program that offers services free of charge to the participant and has been considered effective and credible by the county drug program administrator and the court
• Certified by the county drug program administrator under Chapter 1.5 of Title 8 of the Penal Code

Generally, the program lasts between twelve months and eighteen months. Nevertheless, after showing a good cause, the judge can extend the time, allowing you to complete the program.

During the program, you will submit to a drug or alcohol test. The results are used to determine your adherence to the misdemeanor diversion program. Failing the drug test does not result in a new criminal charge but probable program termination.

Mental Health Diversion

Under Penal Code 1001.36, mental health diversion allows some defendants to receive mental health treatment after being charged with an offense. The program allows an eligible and willing person to postpone any action in their case, allowing the accused to engage in the treatment program. The defendant can request the program at any stage of their criminal case before sentencing.

The conditions below must be satisfied before you qualify for the program:

• You suffer from a condition highlighted in the Diagnostic and Statistical Manual of Mental Disorders like schizoaffective disorder, schizophrenia, bipolar disorder, and PTSD.
• Your mental health condition played a considerable role in the crime committed.
• A qualified psychologist believes that you will respond to the treatment
• You consented to diversion and waived your entitlement to a speedy trial
• You agreed to abide by treatment as a term and condition of diversion
• The court believes that you will not pose a risk of danger to public safety

To prove the mental disorder, you should present proof of a diagnosis by an experienced psychologist. The professional will rely on evidence like your examination, arrest report, and medical records.

The court can conclude that the condition played a role in your crime commission if you exhibited any symptom of the mental disorder near or at the time of the crime. Generally, when making this determination, the court can review relevant evidence like police reports, witness statements, medical records, reports prepared by medical practitioners, a preliminary hearing transcript, and medical expert statements.

Finally, when determining whether the accused will not cause a public threat when treated in their community, the judge will consider the following factors:

• The district attorney’s opinion
• The criminal defense attorney’s opinion
• The mental health specialist’s opinion
• The accused history of the application of violence
• The defendant’s criminal record
• The seriousness of the crime in question

Typically, this misdemeanor diversion program lasts two years and can involve outpatient or inpatient treatment.

How Your Treatment Progress is Monitored

The agency providing your diversion treatment program should regularly present progress reports to the prosecutor, the court, and your defense lawyer.

If any of these events occur, the judge will schedule a hearing:

• You are prosecuted with a new California misdemeanor that demonstrates the application of violence
• You are facing a felony
• A psychologist recommends to the court that your diversion program performance is unsatisfactory or you are disabled
• You engage in a criminal act that makes you unfit for the diversion program 

During the hearing, the judge determines whether:

• they should modify the treatment
• You ought to be referred to a county investigator for potential conservatorship proceedings
• They should reinstate your criminal proceeding

What Happens Once You Complete Your Treatment?

If you complete your program, the judge will dismiss your criminal charges during the diversion program period. You complete the program when you:

• Have abided by the diversion requirements
• Have avoided violation of new law unrelated to your mental health disorder
• Have a long-term mental health care plan

If you fail to complete the diversion, the judge will reinstate the proceedings against you.

Military Diversion

Military diversion is a pretrial diversion program under PC 1001.80 available as an alternative to serving time for misdemeanor crimes against active military members or veterans.

A defendant can be eligible for the diversion if, due to their military service, they suffer from:

• Military sexual trauma
• Substance abuse
• Mental health challenges
• PTSD
• Traumatic brain injury

You can find records that can prove your condition in:

• Separation physicals
• The Department of Veterans Affairs (VA) compensation and pension package
• VA records
• Support letters from loved ones
• Letters and citations with combat experience and trauma
• A medical evaluation while on active duty
• Current medical records and medical expert’s opinions
• Letters from mental health professionals and caseworkers

Generally, military diversion is only available to first-time defendants. A defendant with a previous conviction for the same crime or charged with a less severe and nonviolent California felony will be referred to Veterans Court.

Some of the misdemeanors eligible for the diversion include:

• Drunk in public
• Disturbing the peace
• Assault
• Battery
• Driving under the influence
• Petty theft
• Indecent exposure
• Shoplifting
• Prostitution
• Driving with a blood alcohol concentration greater than 0.08%

How a Defendant Obtains Military Diversion

Your defense attorney will file a motion requesting the pretrial diversion from the trial court after the arraignment and before trial. Your motion should contain:

• A file with records that support your diagnosis or condition
• Letters from VA rep, caseworker, colleagues, and loved ones attesting to your military experience, character, and the trauma experienced.
• A recommended treatment plan by your therapist, medical expert, or psychologist

The court can then assess the matter before making the determination. If it agrees that you are eligible and you consent, you will undergo the military diversion program. Every criminal proceeding will be postponed for two (2) years while you receive treatment.

The court will evaluate whether you should engage in a community or federal-based treatment service program. Generally, preference is given to any program with a history of treating people with trauma as a result of military service, including programs run by:

• The United States Department of Veterans Affairs, or
• United States Department of Defense

If the court orders a mental health treatment service, it can refer you to a county mental health agency, as long as the authority accepts all the following responsibilities:

• Your treatment
• Filing reports to the court
• Coordination of suitable referrals to county veterans service officers

Terms for Military Diversion Participation

You should obey the following conditions ordered by the diversion program or the court:

• Counseling for substance abuse or domestic violence
• Attending treatment sessions
• Attending compulsory court hearings
• Random drug or alcohol testing
• Progress reports prepared by the agency administering your program

The authority responsible for your diversion program should submit your progress reports to the DA and the court every six (6) months.

Will Your Arrest Record be Sealed After Completing the Program?

After completing the treatment program, the court will dismiss your criminal charges. No person can use your criminal record without your consent to lead to denial of a license, certificate, benefit, or employment. You can truthfully respond to your previous criminal history questions that you were not diverted or arrested for the crime.

However, you should disclose your arrest when applying to become a law enforcer. Moreover, the Department of Justice (DOJ) can reveal your record in response to your law enforcer application request.  

Find Qualified Legal Representation Near Me

Misdemeanor diversion programs provide an alternative to criminal prosecution where instead of you, the defendant going through the trial, the court diverts your criminal charges. The judge will postpone all proceedings while you undergo treatment. Once you complete the program, the court will dismiss your charges and seal your criminal record as though it never took place. If facing a misdemeanor, it is paramount that you consult with an experienced attorney; you could be eligible for a misdemeanor diversion program under AB 3234, depending on your case facts. Leah Legal is a seasoned law firm fighting for the freedom and rights of defendants in Van Nuys. We can help you determine whether a misdemeanor diversion program is the most effective legal strategy when you hire us. And if yes, ensure you obtain a program with the best possible terms and conditions. Please contact us at 818-484-1100 for a free case review. 

In California, it is a crime for a person to help or assist another person accused of committing a felony to escape or avoid prosecution for their crimes. If you lie to the police to protect a criminal or destroy evidence of a felony offense, you could be arrested and charged under California Penal Code 32. 

While you may not have been involved in the commission of the crime, offering your assistance to the offender attracts serious legal consequences. Whether you are charged with a felony or a misdemeanor under this statute, you risk facing imprisonment.

If you or your loved one faces an arrest and charges for being an accessory after the fact, you should not take the situation lightly. Fighting against the crime is challenging and will require the guidance of a knowledgeable criminal attorney. Your attorney will help you build a solid defense.

Accessory After the Fact in California

California Penal Code 32 defines accessory after the fact as the crime committed by any person who, after a felony is committed, conceals, aids, or harbors the perpetrator intending to help them avoid arrest, prosecution, or punishment for the offense. Acts such as giving a person a false alibi or helping them escape will make you criminally liable under this statute.

The issues surrounding being an accessory after the fact are simple and seek to punish individuals who commit acts that may seem innocent. In your attempt to help a friend or a family member avoid the harsh consequences of a felony conviction, you could find yourself in legal trouble.

Although the law is harsh on individuals who help criminals evade justice, the prosecution must prove the following elements of the crime beyond a reasonable doubt to secure a conviction under this statute:

Another Person Committed a Felony Offense

The first fact that needs to be clear before you are found guilty under PC 32 is that another person committed a felony. The parties who can be prosecuted for a crime are classified as either principals or accessories. The principal is the person who engages in the actual criminal activity. On the other hand, an accessory is a person involved in hiding the crime or evidence.

Understanding that a prosecutor will not charge you as an accessory for a misdemeanor or infraction is essential. Additionally, if the occurrence of an underlying crime is unclear, you will not be facing any charges. For example, if a person is charged with murder and you are accused of helping them flee the state, your conviction depends on whether the prosecutor can prove that a murder was committed. Your charges will also be dismissed if the murder defendant is cleared of wrongdoing.

You Knew About the Crime

Another element that the prosecution needs to establish during your trial under PC 32 is your knowledge about the crime. You could not be convicted for helping a criminal escape if you did not know that they just committed the crime. Therefore, it is must be clear that you know that the person you helped has either:

• Committed a felony
• Been charged with a felony charge
• Has been convicted of the felony

For example, if you give a desperate man a ride from the gas station to another town and you do not know that they have just been involved in a home invasion, you cannot be guilty of accessory after the fact.

After the Felony was Committed, you Concealed, Harbored, or Aided the Perpetrator

When establishing your liability under this statute, the prosecution must prove that you offered the perpetrator of a felony offense the assistance they needed to escape an arrest or a conviction for punishment. However, it is crucial to understand that if you knew of the crime before it happened and agreed to help them afterward, you could be charged with abetting a crime which is a more severe crime.

Some of the scenarios that could be viewed as an accessory to the fact include:

• Misleading or intentionally lying to the police on the whereabouts of a felon so you can buy them more time to escape.
• Giving a false alibi to another person when the police interrogate you.
• Helping a person leave town or flee after committing a felony.
• Assisting a criminal in hiding evidence that could be crucial in an arrest and prosecution for the alleged crimes.
• Destroying evidence related to the underlying felony.

You Aided or Harbored the Perpetrator Avoid Legal Consequences

Accessory after the fact can take many forms. Therefore, when providing your liability under this statute, the prosecutor must establish that you intended to help the alleged felon escape criminal consequences such as arrest, trial, and conviction for their crimes. However, it is essential to understand that refusing to testify against a friend facing charges for a felony will not make you an accessory after the fact.

While this move helps avoid keeping away critical evidence and preventing a conviction, it will not attract PC 32 charges.

After listening to all the evidence from the prosecution about your involvement in helping the criminal escape, the court may consider these additional factors before convicting you under this statute:

• Whether or not you were present at the scene. However, your presence at the scene does not determine guilt in accessory after the fact. It can give the court a better understanding of the evidence presented against you by the prosecution.
• Your relationship with the principal. Another factor that the court may look into when determining your guilt for being an accessory after the fact is whether you had a relationship with the principal before committing the crime. If you can prove that the principal is a stranger to you and your initial contact was when you helped them, you will have a better chance of beating criminal charges.
• Your proximity to the scene of the crime. The court will seek to understand where you were when the principal committed the crime. If you are found to have been lurking around the scene, your intention to help them may be more precise. Additionally, this may open the avenue for additional charges under PC 31.
• Your extent of knowledge of the alleged crime. As stated above, one of the critical elements of PC 32is your understanding of the crime. Therefore, your level of expertise in the rime could be vital to determining your guilt.

Since California law is stringent on individuals involved in felony offenses, the prosecution for accessory after the fact will also be aggressive. However, proving all these elements can be challenging for the prosecution. Therefore, retaining the services of a skilled defense attorney is vital if you face an arrest and charges under this statute.

Legal Penalties for Violation of California Penal Code 32

In California, accessory after the fact can be charged as a felony or a misdemeanor. Some of the factors that could help the prosecution determine how to charge your offense include:

• Your Criminal history. California law is often stringent on repeat offenders. A criminal record, especially for a serious felony, may indicate your contempt of the law and inability to rehabilitate. For this reason, the court could choose to charge you with a felony so they can ensure that you suffer the most severe punishment.
• Facts of your case. When determining the nature of your charges, the prosecution will investigate and analyze the factors around your case. This will include the nature of the felony offense that was committed and the extent of your role in helping the criminal. Assisting a person facing murder charges to flee the state is more serious than lying to the police about not knowing the person’s whereabouts.

When charged as a misdemeanor, violation of California PC 32 is punishable by:

• A maximum of one year in county jail.
• Fines that do not exceed $5,000.
• Misdemeanor probation.

On the other hand, a felony conviction under this statute attracts these penalties:

• A prison term that ranges from sixteen months to three years.
• Fines of up to $5,000.
• Felony probation.

Probation for Being an Accessory After the Fact

Whether you face a felony or misdemeanor conviction, there are times when the court could sentence you to probation. In California, probation is used as an alternative to spending time in jail or prison. Pronation could be formal or informal, depending on the nature of your conviction. However, it is essential to understand that not all criminal defendants facing charges under PC 32 are eligible for probation.

Your ability to receive probation often depends on negotiating with the prosecutor and attorney. In most cases, prosecutors accept probation for defendants who are first-time offenders. In this case, if your role in helping the felon is not severe, you may be eligible for probation. Although probation is not as harsh as jail time, there are conditions that you must follow. The requirements for felony probation are more severe than those of a misdemeanor, including:

• Regular check-ins with a court-appointed probation officer.
• Avoid involvement in additional criminal activity.
• Avoid association with particular individuals.
• Avoid drug use.

If you violate any of the above terms, your probation officer could report that fact to the court, which holds a probation violation hearing. The court will find you guilty or not guilty of the violation at this hearing. You will continue with probation if you are not guilty of the alleged offense. However, if the alleged violations are true, the court could resist the probation with harsher terms or revoke the probation. A probation revocation means that you must serve the prison sentence for your crime.

Defenses Against Penal Code 32 Charges

An arrest for being an accessory after the fact does not always result in a conviction. There are many strategies you can use to build a strong defense against the charges, including:

• You acted under duress or coercion. It is not uncommon to find a criminal offender threatening others to help them escape or evading an arrest. If you did not willfully assist the principal, you might have a chance to avoid a conviction. For example, after a person commits a robbery, they can hold a gun over your head and threaten to kill you if you do not give them a ride. In this case, your actions do not satisfy the criminal element of PC 32.
• No crime was committed. You are only guilty of being an accessory if it is clear that a felony was committed. If you can successfully argue that the underlying crime did not occur, the court could dismiss your charges.
• Lack of knowledge of the felony. A key crime element for PC 32 is that the defendant knew about the underlying felony. If you did not know that the person you helped had committed a crime and faced charges or punishment for the offense, the court could not find you guilty. Awareness that a co-principal had committed a crime is not enough to find you guilty of accessory to the alleged crimes.
• You lacked an intent to help the perpetrator. Your intention to aid a felon to escape the criminal consequences of their actions must be clear when you help them. However, if you unknowingly helped a person without knowing they were fleeing from authorities, you cannot be convicted for accessory after the fact.
• You were just a bystander. When police officers find you at the scene of a crime, and you fail to answer their questions, they could arrest you under the claims that you are aiding the criminals. However, if you can prove that you did not know about the crime or intent to help them, you cannot be convicted. Failing to give witness testimony to a crime is not an offense.

Is PC 32 Similar to Aiding and Abetting a Crime?

California PC 31 is an offense that occurs when a person encourages, facilitates, or aids the commission of a crime. Many people do not understand the difference between promoting a crime and being an accessory to the fact. One main difference between PC 31 and PC 32 is that a conviction for aiding a crime attracts similar penalties to the underlying offense. On the other hand, being an accessory to the fact is charged separately from the underlying crime.

When a prosecutor charges you with aiding or abetting a crime, the following elements must be clear:

• You knew of the perpetrator’s criminal plan. Prior knowledge of a crime is not necessary to prove guilty under PC 31. If you know of the illegal plan before it happens and encourages them or promote its occurrence at that point, you can be convicted under the liability theory.
• You intentionally facilitate or encourage the plan to commit a crime. Unlike accessory after the fact, where you are only involved in hiding or helping the criminal evade justice, aiding or abetting a criminal requires you to be involved before the actual crime occurs.

PC 32 is a stand-alone offense. However, if you encouraged the defendant to commit an underlying felony, the court will charge you with the same felony. The court’s reasoning behind your conviction is that you aided the crime. 

One of the similarities between PC 31 and 32 is that your presence at the crime scene is not a necessary factor in securing the conviction. The most important thing the prosecution could look at is your conduct before the crime for encouraging a crime, and your behavior after the crime is you are an accessory after the fact.

It is essential to understand that if you aided the commission of the offense and still helped the criminal escape or hide evidence, you could face criminal charges under PC 31 or  PC 32. If you are found guilty and face a conviction for abetting a criminal, the penalties you face will be as harsh as those of the actual criminal. Facing charges for helping and being an accessory after the fact could attract serious legal consequences. Therefore, seeking the guidance of a skilled attorney is crucial.

Find a Skilled Criminal Defense Attorney Near Me

Assisting a felon to escape criminal prosecution is a crime that attracts an arrest and charges for being an accessory after the fact. A simple act such as giving a false alibi could attract an arrest and conviction under this statute. A conviction for violating California PC 32 can result in a lengthy prison sentence and hefty fines. 

You could spend up to a year in jail for a misdemeanor conviction and a minimum of three years in state prison if the prosecutor charges you with a felony under this statute. Sometimes the court could find evidence to link you to the underlying felony and convict you under multiple statutes.

If you have been arrested and charged with being an accessory after the fact, it would be wise to hire and retain the services of a competent criminal defense lawyer. At Leah Legal, we have the knowledge and extensive experience defending against PC 32 and other related offenses in Van Nuys, CA. We will offer the legal guidance and representation you need to fight your charges and ensure a positive outcome in your case. Contact us today at 818-484-1100 to book an appointment and discuss the facts of your case.

An accessory before the fact is someone who encourages or helps another person commit a crime, either before the crime is committed or as it is being committed. In some states, the offense is charged as aiding and abetting. If you’re found guilty of being an accessory before the fact, you could face similar criminal consequences as the individual who commits the offense directly.

Fortunately, you can try to challenge the accusation of being an accessory before the fact through a solid legal defense. Some common defenses include demonstrating that you:

• Didn’t offer any assistance or help with a crime
• Were wrongfully accused
• Started to help with a crime but later stopped helping, and/or
• Were only present at the crime scene

It is important to note that being an accessory after the fact is not the same as being an accessory before the fact. Helping someone after they commit a crime, as opposed to helping them before or during the crime, makes you an accessory after the fact.

What Is An “Accessory Before The Fact”?

If you encourage or assist someone else to perpetrate an offense, then you could be charged with being an accessory before the fact. You could be charged with accessory to the offense if you contribute to the commission of the crime without actually perpetrating the offense. Some common examples of being an accessory before the fact include:

• Taking on the role of a “getaway” driver
• keeping watch while another person perpetrates a robbery
• Creating an alibi for an individual who has perpetrated a crime
• Sharing details with an individual you know would use them to perpetrate a crime
• keeping a car’s engine running
• Equipping someone with the tools they need to commit an offense
• Directing a vehicle towards a street while aware that the vehicle is about to be stolen, and/or
• Taking part in rape or kidnapping

It’s crucial to take into consideration that witnessing an offense being committed doesn’t constitute criminal intent and it does not subject you to conviction as an abettor or aider, irrespective of whether injury or damage could have been avoided if you had moved to prevent the offense in progress.

It should be noted that in some jurisdictions, you’re only subject to being an accessory before the fact if you’re not involved when the offense is perpetrated. In addition, while some states’ criminal codes stipulate that an accessory before the fact should provide encouragement or aid before the commission of an offense, other states’ laws stipulate that you can be charged with these offenses even if you assist while someone else is committing a crime.

It’s also worth noting that some jurisdictions indicate you’ll only face prosecution for this crime if you assist someone else in committing a felony crime as opposed to a misdemeanor. For instance, an individual will be convicted of being an accessory before the fact if she or he supports, assists, counsels, or promotes a principal offender in perpetrating a “felony” crime.

Is “Aiding And Abetting” The Same As “Being An Accessory Before The Fact”?

The state of California classifies an accessory crime as “aiding and abetting.” Today, regardless of whether they were present during the commission of the crime, the term “aider and abettor” is frequently used to describe principal offenders other than the perpetrators. The phrase “accessory before the fact” refers to people who assisted in the preparation of a crime or encouraged its execution. For instance, an individual who takes part in organizing or planning a bank robbery before it’s perpetrated is an “accessory before the fact.”

An individual who actively aids in the execution of an offense, even though they’re not involved in the main crime, is referred to as an “accomplice.” An “accomplice” is someone who acts as a getaway motorist or a lookout during a bank robbery. The phrase “accessory after the fact” refers to people who did not participate in the actual execution of the crime but instead deliberately helped the offender avoid being apprehended and prosecuted.

For instance, an individual who aids the principal offender of a bank robbery by concealing the stolen funds for the offender is known as an “accessory after the fact.” Under California statute, the prosecution must prove the following to effectively demonstrate you are an abettor or aider:

• Someone committed the crime
• You were aware of the offender’s premeditated plans before or during the offense
• You meant to help the offender carry out the crime, and
• Your actions or words contributed to the offender’s commission of the offense

What the Prosecution Must Establish

If you’re charged with being an accessory before the fact in committing or attempted execution of an offense, the prosecution should be able to demonstrate the following aspects beyond any reasonable doubt:

• You knew the offender intended to perpetrate the offense in question
• You intended to help, assist, or encourage the offender before, during, or after the offender committed the offense, and
• Your actions or encouragement helped the offender execute the offense

Instigating, promoting, or supporting a crime is enough to land you behind bars. The criteria used to separate a principal offender from an accessory are based on whether the accused independently participated in the crime’s commission, rather than simply offering some type of restricted assistance and encouragement, whether indirectly or directly.

Legal Defenses Against an Accessory Before the Fact Crime

If you’re accused of being an accessory before the fact, you could use a legal defense to fight the charges. Some popular defense arguments include demonstrating the following:

No Involvement

You cannot be charged with being an accessory before the fact if you didn’t promote, assist, or encourage the commission of the offense. Numerous ways could be misinterpreted as evidence of your involvement. For instance, imagine you’re in a vehicle with some acquaintances on your way to a beach party. The vehicle pulls over to a convenience shop to delay a clerk. You remain in the vehicle while he or she enters a store and perpetrates a robbery. You had no knowledge that this would take place, and you were not involved in the preparation or encouragement of the offense.

But you were “physically present” at the scene. Unfortunately, you were in the wrong place at the wrong moment. However, simply being there at the time of the offense is insufficient to establish intent. Your criminal defense lawyer could argue that you can’t be found guilty of being an accessory before the fact since you were unaware that the motorist had intended to engage in illegal activity.

False Accusation

Attempts to blame you are often made by offenders who want to escape responsibility for their wrongdoing. Being an accessory to a crime does not require tangible evidence; only witness testimony that you were involved in some way is required. Therefore, it is simple to accuse a person of being an accessory before the fact.

In addition, resentment, jealousy, and financial gain can be used as justifications for false allegations. For instance, a spouse who is enraged by his or her partner’s jealousy and infidelity in the relationship can make up evidence that he or she was complicit in rape to get revenge. If you were wrongfully accused of being someone who aided in perpetrating a crime, our lawyers would be able to demonstrate that you were wrongly accused, which would substantiate your innocence.

Duress

You can’t be found guilty of being an accessory before the fact if you were forced against your choice to assist someone in committing an offense under the imminent fear of serious physical injury or loss of life to yourself or another individual. This is referred to as “duress,” and it’s a legally admissible defense strategy in most criminal prosecutions. If your attorney can prove that you only participated in the commission or planning of the offense due to coercion or pressure by another individual, you could be cleared of these allegations.

However, you can’t claim duress if you were just scared of minor bodily harm, property destruction, or reputational damage. Furthermore, duress isn’t applicable as a defense strategy to murder, which demands the aspect of malicious intent or a pre-determined purpose to kill another person. For duress as a defense strategy to be effective in a defendant’s accessory before the fact case, the threats made against him or her must be “credible,” “immediate,” and include serious physical injury or loss of life.

No Duty to Act

In most cases, you are not required to stop an offense from happening just because you know it will be undertaken or are there when it’s being perpetrated. Otherwise, you’re not required by law to prevent an offense from occurring. A simple knowledge of the crime’s plan is usually not sufficient to find you guilty of being an accessory before the fact.

Withdrawal from Crime’s Participation

If your defense lawyer can demonstrate that your responsibility as an aider and abettor ceased before the execution of the charged offense, you could have a solid defense argument for not being an accessory before the fact. To count on this strategy, you should be able to show that you:

• Informed the other individuals participating in the offense of your plan to withdraw
• Tried everything in your control to prevent the offense from being perpetrated

The jury must determine whether you meet both of the elements beyond any reasonable doubt. It isn’t enough to merely withdraw from the offense. You would almost certainly have had to take affirmative actions to demonstrate an intent to deter, such as notifying a law enforcement officer that an offense was likely to be perpetrated. Please bear in mind that, while you can still mount a legal defense, the best defense would require the assistance of a professional criminal lawyer. A defense attorney would know what form of defense argument is best suited to the details of the case. Additionally, the lawyer-client relationship protects any contact with a criminal lawyer. A lawyer is not allowed to disclose conversations with clients without their approval under this bond.

Penalties for Being an Accessory Before the Fact

In most jurisdictions, if you’re an accessory before the fact, then you will face the same consequences as the individual who committed the underlying offense that you participated in committing. For instance, in California, you could receive a minimum of fifteen years in prison if you assist someone in robbing someone or some other facility.

Natural and Probable Consequences

The “natural and probable consequences” doctrines are foreseeable outcomes that a sensible individual would expect to occur if nothing exceptional happens. This implies that if you assist someone in committing a specific crime, like armed robbery, and that individual later displays or discharges a firearm meant to be utilized during the crime, you and the individual you assisted in the offense might both face charges relating to firearms. When the jury is asked to identify natural and probable consequences, they must take into account all relevant factors shown by the facts.

Accomplice Liability for Murder

The California Supreme Court has acknowledged that, under some conditions, an accessory to a crime could be subject to more severe punishment for offenses involving homicide than the principal offender. When an individual in a mental state required to be an accessory to crime convinces or aids another to murder, the combined effort of all parties, as well as that individual’s mens rea, determines that person’s culpability. If an accessory’s mens rea is more culpable than the other’s—the requisite purpose that must be established in the mind to perpetrate a crime—then his or her liability in the murder could be greater, even though the principal offender is judged the actual perpetrator.

Crimes Related to an Accessory Before the Fact

Accessory After The Fact

An “accessory after the fact” crime occurs when you assist another individual after he or she has committed a crime. In this case, assistance is provided after the actual defendant has committed a crime as opposed to during or before the crime. A few instances of how you can be an accessory after the fact include:

• Driving a getaway vehicle after a heist
• Granting an alibi to an acquaintance who has been accused of DUI, or
• Helping an accused avoid arrest

In general, the prosecution has the option of charging this offense as a felony or a misdemeanor. While different state laws differ on the specific punishment for the crime, it’s usually less serious than the punishment for being an accessory before the fact.

Frequently Asked Questions

Below are some of the most frequently asked questions about being an accessory before the fact.

Is It A Criminal Offense To Aid And Abet?

Technically speaking, helping someone else commit a crime is not an offense in itself. Rather, it is a legal argument that you participated in facilitating the wrongdoing. If you intentionally participate in the planning, carrying out, or encouragement of an offense, then you will be held responsible for being an aider and abettor.

Due to this, you could face charges for whatever offense or offenses you meant to perpetuate.

How Can The Prosecution Establish That I Was An Accessory Before The Fact?

The prosecution needs to show 3 things to establish that you’re guilty of being an accessory to the crime:

• That you were aware of the principal offender’s illegal intent
• You engaged in activities that were motivated by the desire to commit an offense or to aid in its commission
• Your activities did contribute to or encourage the crime to be committed

Can I Be Found Guilty Of Both Crimes If I Assist Someone In Committing One And They Go On To Commit Another In The Process?

There is no doubt that this is possible. The courts could grant the jury instructions known as the “natural and probable consequences” doctrines. This implies that you can face charges for any offenses perpetrated as a result of the intended offense if a sane individual could have predicted that the linked offense would transpire.

What Consequences Am I Subject To If I Am Charged With Being An Accessory Before The Fact?

In most cases, receiving an accessory or accomplice sentence carries the same penalty as committing the crime yourself. In fact, in some homicide-related cases, you may face greater responsibility than the actual perpetrator.

Find a Van Nuys Criminal Lawyer Near Me

Being an accessory before the fact in an infringement of California laws is a serious crime that can come from an innocent act of goodwill. Individuals who have never been in such trouble would find themselves facing criminal charges after believing their actions were the right thing by assisting their loved ones. If you’re found guilty of being an accessory before the fact, you will be subject to the same punishment as the principal offender. You do not have to face these charges alone. We at Leah Legal in Los Angeles can assist you in developing a strong defense against the allegations. Call us at 818-484-1100 to get in touch with us right away.

A California aggravated assault charge can come unexpectedly. Sometimes people who commit aggravated assaults do so even without realizing it. If you are confused about the charges against you, concerned about consequences, and are not certain about what you should do, keep on reading. This blog looks at assault charges and what makes a California assault aggravated.

Understanding California Assault Charges

An assault is defined as a deliberate effort to cause bodily harm to someone else or a hostile, threatening, or intimidating act or remark that gives the other person grounds to worry about being attacked. This offense does not entail any physical touch. Assault with a dangerous weapon or using force capable of causing significant bodily harm are known as felonies.

In California, anybody who perpetrates a simple assault is usually charged with a misdemeanor, while some assault offenses might be prosecuted as either a felony or a misdemeanor at the prosecution’s authority (these offenses are referred to as “wobblers”). If a simple assault charge is prosecuted as a felony offense, the court has the authority to lower the charges to a misdemeanor charge during the prosecution.

What is an Aggravated Assault?

An aggravated assault offense primarily bears a similar meaning as a regular criminal assault crime but with one exception: specific conditions have to be evident during the commissioning of this offense. These circumstances are referred to as “aggravating conditions,” which are generally variables that tend to enhance the offense’s gravity. Every state does have its set of regulations that define the sorts of factors that count as aggravating factors.

For instance, if an offender employs a dangerous weapon to perpetrate assault on someone’s victim, the lethal weapon is the kind of element that enhances the criminal counts to the aggravated form of this crime. Another circumstance that could turn a simple assault into an aggravated crime is when the offender injures their victim who is deemed to be a disadvantaged individual in a legal sense, for example:

• An infant
• An expectant woman
• An elderly person

Furthermore, assaulting a law enforcement officer is yet another factor that will elevate the basic elements of this offense to the level of an aggravated assault charge. This is applicable even if a law enforcement officer is not viewed as being particularly weak in a legal sense; instead, it is probably because they uphold the rule of law.

Finally, aggravated assault is classified as a felony in most states, rather than a misdemeanor. As a result, an accused who is found guilty of aggravated assault will probably be subjected to penalties usually reserved for felonies, such as paying hefty fines and/or spending a minimum of one year, or possibly longer, in jail.

Aggravating Factors in a California Assault Charge

An aggravated offense is one in which there were additional circumstances present at the time of the purported offense. These extra elements must have elevated the gravity of the assault for it to be considered aggravated. For example, if a dangerous weapon was used, an assault is considered an aggravated offense. The offenses in this situation can carry greater punishment.

When an offense is classified as “aggravated,” circumstances could get much worse. This is because aggravating circumstances raise the seriousness or liability of an offense, which means that the consequences of a conviction could be far more severe than they would be in the absence of aggravating circumstances.

Typically, aggravating circumstances have a damaging effect on the defendant. For example, if they are successfully prosecuted, they may result in a lengthy jail sentence. The Judicial Council as well as the Rules of the Court of California often establish and govern these elements. A defendant must be aware of the factors that can be used against them as well as how they could damage their case. They consist of:

Prior Convictions

If found guilty, a defendant who has a history of convictions could be subject to stiffer sentences from the court. If the offender has a history of more than 2 previous convictions, California’s Three Strikes rule can increase the severity of a fairly insignificant offense.

Leadership Roles and Complexity

A court could consider a crime to be aggravated when the accused plays a significant function in the act, like a leadership position. Courts in California have the authority to take such responsibilities into account as aggravating circumstances. If an offender participated in a high level of preparation or sophistication, the court could potentially impose stiffer penalties.

The Victim’s Vulnerability

If it is established that the accused’s victim was vulnerable, the court could impose tougher punishments. A victim could be vulnerable in comparison to the offender or in accordance with an objective measure. An aggravating element can be, for instance, a violent act or a deceitful plot against the young or elderly.

Weapons

An aggravating circumstance is one in which a deadly weapon was used or was in the offender’s possession at the time of the offense. The charges and punishments will probably be harsher if the criminal used a rifle to conduct the offense.

Assault versus Aggravated Assault

In light of the aforementioned details, it is understandable why aggravated assault counts are more serious than assault accusations. Aggravated assault indicates carelessness or a profound disregard for human life. Even though “aggravated assault” is not specifically defined under California law, the following offenses are more serious than simple assault charges:

Assault with a Deadly Weapon

As was already established, the felony crime of aggravated assault can be brought against an accused who utilizes a lethal weapon to assault someone else. The following are some categories of objects that could fit the criteria for “deadly weapons” under state law:

• Explosive objects
• Guns and other weapons
• Toxins, poisons, or other potentially harmful substances
• Knives, and other cutting tools
• Various weapons, like bats, clubs, brass knuckles, and nunchakus
• In some cases, an accused’s hands or feet if they have received particular training (for instance, serves in the army, has a career in boxing, or has a black belt in certain martial art)

In jurisdictions that classify assault and battery as distinct offenses, it may not be relevant if an offender used a false or real weapon to threaten their victim. Consider the situation where someone thought the accused was aiming a real firearm, but it was only a toy. If the offender purposefully tried to give the impression that they were brandishing a real firearm, they could still be prosecuted and found guilty of aggravated assault.

Assault On a Woman, a Child, Or a Law Enforcement Officer

Perpetrating assault and violence against someone who shows certain characteristics might elevate this offense to aggravated assault charges, which is considered a felony. In such cases, instead of concentrating on if a lethal weapon or any other tool was utilized, the offense becomes more severe depending on the nature of the individual who is hurt.

Once more, aggravated assault charges will be brought against anyone who assaults or batters a minor, an expectant woman, an older individual, or a law enforcement officer.

When a person is accused of engaging in an aggravated assault against any one of these individuals, they are certain to be subject to felony-level penalties, such as a prison term.

Additionally, the offense becomes a felony charge when any of the individuals mentioned in this provision are considered vulnerable, helpless, or suffer severe harm as a result of the accused’s actions. A court could take into account several elements while determining a fitting penalty, such as:

• How tall the victim is
• How much the victim weighs
• The gender of the victim; and
• The different capacities for self-defense or combat that both the offender and their victim have

Assault Using Corrosive Chemicals (Such as Vitriol, Caustic Acid, and Flammable Materials)

The offense of assault using caustic substances is described under California PEN 244. This code states that anybody who knowingly and maliciously dumps or tosses on another individual any vitriol, corrosive acid, flammable substance, or caustic substance of any kind, with the goal to damage or mar their body or flesh commits a felony crime under PEN 244.

The term “caustic chemical” refers to any material that can burn or damage living tissues. The word “vitriol” refers to a caustic chemical that includes sulfuric acid as well as other similar substances.

Additionally, the defendant must have acted purposely and deliberately to commit assault using caustic chemicals. This is the alleged mental state that must exist for the jury to find the offender guilty of breaking PEN 244.

According to California PEN 244, assault using caustic chemicals is a significant felony offense that might result in 2, 3, or 4 years in California state prison, fines of up to ten thousand dollars, and formal or felony probation.

Probation terms could entail regular sessions with a probationary officer, community service, as well as payment of compensation to the victim. The judge can also impose a protective order prohibiting you from being in contact with the victim as well as from being within a set distance from each other.

In contrast to several other more regular assault offenses, PEN 244 isn’t a “wobbler,” which means it can’t be downgraded to a misdemeanor charge.

Penalties For Aggravated Assault Charges

If you have been accused of aggravated assault, your case will usually be prosecuted as a felony offense, and you should expect to spend time in prison. Depending on how severe your action was and if you do have previous convictions, you may receive prison time instead of probation

The length of your sentence will increase with the severity of the offense. You might spend up to a year in the county Jail even when you receive probation for a criminal offense. An aggravated assault charge is a serious issue. If you have been charged with this offense or any other related crimes, you should consult with a knowledgeable attorney immediately.

Be sure to tell the lawyer everything so that they can begin to take action on your behalf to minimize the damage and present you in the best light possible.

If you inflicted harm to another individual, you will certainly be obliged to make reparations. For instance, if someone loses a considerable amount of cash as a result of your acts, prosecutors feel it’s their responsibility to ensure that the individual is reimbursed.

Anyone convicted of an offense in some California counties must additionally contribute to a fund known as the victim restitution fund. Every accused person who is found guilty in these counties contributes to a program that is set up for crime victims.

There are other alternatives, but they’re only accessible in exceptional circumstances. Aggravated assault is an act that could gravely hurt another person and displays disrespect for other people.

Prosecutors and judges disapprove of the conduct and harshly penalize it. You would need to demonstrate that your actions were exceptional and that they are not within the scope of behavior that the consequences of aggravated assault are intended to guard against.

To place you in the most ideal position possible, your lawyer would make that argument for you. If you work to obtain a deferred entry of the judgment or participate in another relevant program, you might be capable of averting a prison or jail sentence

Defending Yourself Against Aggravated Assault Charges

You should arrange a meeting with a lawyer who is experienced in dealing with this kind of charge and provide them with all of the details of your case. You must offer them “the bad, the good, as well as the ugly,” not just the details you deem important or that you believe would be helpful to you.

You must ensure that the lawyer has a complete understanding of what truly transpired in your criminal proceeding. There are arguments to defend against aggravated assault allegations, as there are many criminal charges, but your lawyer cannot conjure up those arguments out of pure nothingness.

The case’s events and situations serve as the basis for the defenses. Because of this, it’s crucial to provide your criminal defense lawyer with a thorough account of what took place so that they can make the argument on your behalf and ensure that every facet of your situation is taken into account. Make sure to state any defenses you may have if you can.

You should always have a lawyer present when speaking to the police. Particularly if it is a very major charge like aggravated assault, you should have prepared what you are going to be discussing with your counsel. It will be up to you and your lawyer to decide whether or not you both agree that speaking with law enforcement is in your best interests.

You should figure out what value you might obtain by talking. Working with the authorities is often not a good decision in matters involving the county or state. They do not exactly have a mechanism in place that encourages cooperation. In comparison to state settings, federal settings are more likely to benefit from cooperation.

It’s always a smart option to have your lawyer there when speaking with the authorities, although in most cases, it is safe to say that it’s not usually a good idea. If you are doubtful, you certainly want to ensure that you do not say anything. Inform the police that having your lawyer there will make you feel more at ease.

Do I Need Legal Representation for the Various Assault Charges?

With how often the word “attack” is referenced in mainstream culture, many individuals feel that assault is a basic, straightforward offense. This, nevertheless, is not a correct assumption. In reality, assault charges can be very complicated. The laws governing assault cases frequently differ between jurisdictions, and how they are applied can change depending on the specifics of a given case.

Therefore, hiring a competent criminal defense attorney for further professional counsel is extremely advised if you are fighting assault or aggravated assault charges. A skilled criminal defense lawyer will be equipped to conduct a legal investigation to determine whether you have any legal options for contesting the allegations against you.

Additionally, your attorney will be equipped to help you navigate the legal court system and even defend you before the court. Your attorney can also inform you of your constitutional protections as a defendant within legal provisions and ensure that your rights are upheld in court or when negotiating a plea bargain with the prosecution.

Last but not least, if the initial case has already closed and you want to either dispute the verdict or need counsel at your sentence hearing, your attorney can also help you with both legal processes.

Find an Criminal Defense Attorney Near Me

If you or your loved one has been accused of aggravated assault in Van Nuys, CA, you can get in touch with our attorneys at Leah Legal for a consultation. Our lawyers are available to advise you regarding your possible defenses, the need for more independent research, plea negotiations, motion preparation, and the probable outcomes of the case. Because each issue is fact-specific, we handle every case on a case-by-case approach while keeping the client’s life circumstances and representation goals in mind. Call us today at 818-484-1100 to learn more about your options.

Courts in California do not wait for any person since they have a massive caseload and cannot postpone court hearings without creating a problem. To deter defendants from missing their scheduled court appearance, California makes it an offense tofail to appear in court. The crime carries jail time, fines, additional penalties, and a bench warrant. These penalties can occur concurrently with the penalties you received for your underlying criminal charges. If you have been charged with failure to appear, you should retain skilled legal representation to improve your chances of obtaining the most favorable case outcome.

A Brief Overview of Failure to Appear

Failure to appear in court means missing a scheduled court hearing.

Generally, it would help if you lawfully appeared in court when:

• You are subject to or receive a subpoena
• You promise to attend court in writing
• A judge orders you back to the court for criminal proceedings
• You are notified to show up in court

Defendants give written promises to attend court hearings after their release from police custody on their own recognizance.

When it comes to subpoenas, they apply to witnesses in court trials and hearings. A witness will obtain a subpoena notifying them that they should either:

• Bring specific documents to the court
• Show up in court to testify in a court hearing

Some of the instances the judge can order an individual back to a courthouse include:

• After the accused pleads guilty to criminal charges
• The judge orders the person to court for their sentencing hearing

Penalties and Consequences for FTA

Before convicting you of failure to appear, the prosecutor must prove the following elements of the crime beyond any reasonable doubt:

• You were charged with either a felony or a misdemeanor
• You were released from police custody on your own recognizance
• You intentionally failed to attend your scheduled court hearing or, as ordered
• The FTA was on purpose or with the intent of evading the court process

Failing to appear in court constitutes proof of the willingness not to attend. It is not a must that you intend to violate the law.

It is legally presumed that you planned to evade your court process if you deliberately failed to show up within fourteen days of the scheduled court appearance.

The consequences and penalties of FTA depend mainly on the statute you are charged with. Common statutes in California include:

PC 1320

The consequences of failure to appear under Penal Code Section 1320 PC depend on the crime you were initially convicted of or charged with.

If found guilty of or prosecuted for a misdemeanor, the FTA is a misdemeanor carrying six months in county jail. On the other hand, if sentenced for a California felony, the failure to appear is a felony that attracts three years in state prison or jail.

PC 1320.5

Failing to attend a court hearing per Penal Code Section 1320.5 is a California felony. The offense carries the following penalties:

• A maximum of three years in county jail or state prison
• $10,000 in fines

PC 853.7

Failure to appear is a California misdemeanor if prosecuted per Penal Code Section 853.7 PC. The crime attracts the following penalties:

• One thousand dollars in fines
• A six-month county jail sentence

Vehicle Code Section 40508

Failure to appear following a traffic ticket or citation is a California misdemeanor. It applies even when the underlying traffic violation is an infraction.

The statute subjects the defendant to one thousand dollars in fines and six months of incarceration.

Vehicle Code Section 40509.5

Vehicle Code Section 40509.5 allows additional penalties on motorists if they break VC 40508. The statute allows the California Department of Motor Vehicles (DMV) to hold the defendant’s driver’s license if they fail to show up in traffic court for their traffic citation or ticket.

The hold can:

• Remain effective until the driver pays the required fine or shows up in court, and
• Lead to suspension of the driver’s license.

Will FTA Have Adverse Immigration Consequences?

Typically, FTA does not carry negative immigration penalties.

For a defendant to be marked inadmissible in the United States or face deportation, the underlying crime should be:

• A crime of moral turpitude (CIMT)
• Domestic violence, aggravated felony
• Drug-related crimes, or
• Firearm crimes

That means if the crime for which you failed to appear includes one of these, then you are subject to immigration penalties.

Does FTA Affect a Defendant’s Firearm Rights?

A conviction resulting from FTA on its own does not affect the defendant’s firearm rights.

However, some felony and misdemeanor convictions will lead to the accused losing their entitlement to possess or purchase a gun. Additionally, some crimes carry a ten-year firearm ban.

Valid Excuses for Missing Your Court Hearing

Several excuses function as valid defenses to FTA charges. They include:

• The FTA was not intentional
• You did not intend to evade your court process
• The FTA happened because you did not sign an agreement to show up in court
• Was due to an emergency (It can be you suffered from a sudden medical condition or had to rush a loved one to the hospital)

The first three (3) excuses are effective because:

• They challenge the facts under the FTA statutes
• The prosecution team should establish these elements before convicting the defendant of an offense

Additional excuses can include:

• You did not know of the scheduled court hearing because the court mailed it to the wrong address
• You wrote an inaccurate date
• You were in police custody on a different matter
• You did not have the means to go to the court and were unable to notify the court of the inability to show up

Please note that you cannot use the following as legal defenses to FTA charges:

• You did not want to attend the scheduled court hearing
• You did not come because you believe you are innocent
• You had other matters to take care of

Bench Warrant

If a person fails to show up in court, the judge can issue a bench warrant (BW) authorizing the police to apprehend them and return them to court. It is always true if the court orders a defendant to personally attend court, regardless of whether the accused has permitted their criminal defense lawyer to represent them in their absence.

After you are in court, the judge can either detain you or release you with a warning, depending on:

• The circumstances that resulted in your warrant
• Whether you are a flight risk
• Your criminal history

If a defendant fails to attend their arraignment hearing, the arresting police officer should take them to the judge who issued the warrant. Nonetheless, upon the accused’s request, the law enforcer can take them before any judge in the county where they were arrested for setting the bail amount.

If you skip your sentencing hearing, you should appear before the judge who issued the warrant.

Generally, jurors and witnesses are subject to different regulations than accused people. If a jury member or witness fails to show up in court regarding a summons or subpoena, the judge will issue an FTA notice before issuing their bench warrant for the arrest. Nevertheless, suppose the judge believes that urgency requires the immediate presence of the witness or jurors is material to a criminal case. In that case, the judge can first issue a bench warrant instead of an FTA notice.

Like an arrest warrant, the police should serve a bench warrant within a reasonable time following its issuance. Otherwise, the law enforcers will violate your entitlement to a speedy trial, and you have a right to a case dismissal.

The police can serve a felony bench warrant at any time. On the contrary, law enforcers can only serve a misdemeanor warrant between 6 AM and 10 PM absent good cause.

The legal phrase “good cause” means a factual basis for believing that the nighttime intrusion is justified based on urgent circumstances. For instance, a judge can allow law enforcers to serve a bench warrant at the wee hours of the night if you have many outstanding warrants and have repeatedly disobeyed the California court process.

Bail and Arrest Issues As Far as Bench Warrants are Concerned

If a defendant has not posted bail yet and law enforcers believe that the court should raise the bail amount, they can request the court to increase it. It can occur if, for instance, you are charged with making criminal threats under PC 422, and the police do not believe that the set bail amount is enough to defend the alleged victim.

If the law enforcers convince the court to raise the amount in your presence, you will be detained until you post your new bail. If the court increases the bail while you are away, it will issue a bench warrant for the arrest.

If a defendant has posted their bail and they skip bail, the court will forfeit the bail and issue a bench warrant for the accused’s arrest.

How California Courts Enter the Bench Warrant in its System

Once the court issues the bench warrant, the court clerk orders the relevant authority to enter the warrant into the National Crime Information Center (NCIC).

If the appropriate authority fails to enter the warrant into their system, and the failure:

• stops your bail bond agent from returning you to police custody,
• stops the arrest, or
• leads to any release from police custody,

the judge should set aside your forfeiture and then exonerate your bail bond.

What Occurs If You Go to the Court?

If you go to the court instead of waiting to be arrested is the least embarrassing and most effective way to quash a bench warrant.

However, ensure your criminal defense attorney accompanies you. The judge might not trust you even with innocent and valid excuses for the FTA.

The attorney knows the effective steps, evidence, and arguments to use to persuade the judge to:

• Release the defendant on a lowered bail or own recognizance instead of incarceration, and
• Recall and quash the bench warrant

Some of the arguments your skilled warrant attorney can present include:

• You adhered to your probation terms and did not know that you are obligated to offer evidence to the court
• You did not know of the filed criminal charges or mistakenly thought the court had dismissed your charges
• While you bear the same name as the individual on the bench warrant, you are a victim of mistaken identity

How Long Does a BW Last?

California bench warrants do not expire. They are neither removed nor deleted after some time. Instead, they remain effective until:

• The individual named in it dies or is apprehended
• The judge recalls the warrant and clears it

If bench warrants expired, it would encourage dishonest and bad conduct. Defendants with active warrants would spend time lying or avoiding the court and later escape arrest.

Crimes Related to FTA

Discussed below are some of the crimes charged alongside or instead of FTA:

Violating a Restraining Order (Penal Code 273.6)

Under Penal Code 273.6, breaking the terms and conditions of a restraining order is an offense.

The crime is a misdemeanor punishable by a maximum of a year in county jail. If the offense involves violence, you will face a felony with three years of incarceration.

Contempt of Court

PC 166 bans contempt of court. Contempt of court can include:

• Refusing to be sworn in as a witness.
• Disobeying court orders.
• Being disruptive while court is in session.

Violation of PC 166 is a misdemeanor that carries up to one thousand dollars in fine and six months in county jail. In some cases, the judge can impose community service in place of fines.

Expunging a PC 1320 Conviction

Expungement is a post-conviction relief that releases the defendant from all disabilities and consequences of a conviction.

You are eligible to expunge the conviction provided you:

• Completed probation
• Are not currently:

1. Charged with a crime
2. Serving a sentence for a crime
3. On probation for a crime

As far as expungement is concerned, completing probation means:

• Completing your probation terms and conditions
• Attending all scheduled court hearings
• You did not commit another crime while on probation

The California expungement process starts with filing a petition with the court. You can bring your petition in person, using a probation officer, or by your criminal defense lawyer.

Then the judge can either:

• Allow you to withdraw your plea of guilty or no contest and enter a plea of not guilty
• If you have been found guilty after a plea of not guilty, set aside your verdict of guilty

In either case, the judge will dismiss the accusations against you. Some of the benefits of expungement include:

• It makes it easier to acquire state professional licenses
• A potential employer cannot discriminate against you based on your expunged conviction
• An expunged conviction cannot be used to impeach your credibility as a witness in court
• In some cases, it helps you avoid immigration consequences like deportation

However, your expungement will not:

• Overturn your driver’s license revocation or suspension
• Restore your firearm rights
• End the obligation to register as a sex offender per PC 290

Also, your expunged conviction can still be considered a previous conviction when enhancing your sentencing.

Requesting a Continuance to Avoid Skipping Your Court Hearing

If a person wants to reschedule their court date, they should request a continuance (postponement).

To request the continuance at least ten days before the trial:

• Bring a request to postpone the trial (Form SC-150)
• Submit a letter to the court discussing why they require a change of the court date
• Pay a filing fee of $10

Remember to give or mail copies of the form to all parties named in your claim.

If the trial should happen in less than ten days:

• Take a filled Form SC-150 to the clerk’s office and request them to attach it to the file. Alternatively, attend the trial and ask the court for a continuance.
• Ensure your letter has reasonable reasons for filing the request late.

After sending your continuance request, the court will mail you an Order on Request to Postpone Trial (Form SC-152) indicating its decision on the request. They will also send a notice to all involved parties. If the judge reschedules the trial date, they will give you your new date.

If the judge fails to postpone your trial, the court hearing will be on the scheduled date. They will notify you why they denied your request.

If you fail to hear from the court, attend your scheduled court hearing.

Find Competent and Experienced Criminal Defense Attorney Near Me

Life happens, and appointments are forgotten and missed. Probably, you have been detained in another jurisdiction, were not adequately notified of the court hearing, or had an emergency. Whatever your reason for the FTA, California courts take the matter seriously and can result in penalties and consequences like a bench warrant, additional charges, and fines. Fortunately, it is not too late to handle the matter if you have not been arrested.

The skilled legal team at Leah Legal can work with the judge to explain why you missed your scheduled court hearing, reschedule a new date, and have your BW cleared. For many years we have represented thousands of defendants in Van Nuys and can help you fight for your rights and freedom. Do not wait to act. Please contact us at 818-484-1100 while you still have available options.

Law enforcement officers require your cooperation to discharge their duties. Failing or refusing to abide by an order or directive by the police is an offense in California. A crime like tha could result in severe consequences, including time behind bars and payment of a hefty fine. You will also be left with a damaging criminal record that could affect your social and career life. Thus, if you face charges of disobeying the police, you will need the help of a competent criminal attorney to fight your charges in court. The prosecutor will table evidence against you to obtain a conviction. But your attorney can counter the prosecutor’s evidence to cause the judge to reduce or dismiss your charges. Talk to a skilled criminal attorney for more information and legal guidance.

What It Means to Disobey a Police Officer
The police are more responsible for maintaining law and order and public safety. They enforce the law and detect, prevent and investigate crimes. The police cannot do all that without cooperation from the members of the public. For instance, they rely on the information given by eyewitnesses to build cases against criminals. They also rely on tips from public members to know what is happening in various parts of the state. Without your cooperation, the police will not be able to carry out their mandate, and bad happenings could occur where you live, including increasing crime rates.

California Vehicle Code 2800 is the law that prohibits members of the public from failing or refusing to cooperate with the police in their discharge of duty. The law requires you to abide by any lawful directive or order given by the police. Violating this law could result in misdemeanor charges, punishable by time in jail and payment of fines.

Interpreting this law is critical in understanding what disobeying a police officer means and its legal implications. Like so many other laws in California, this statute is not as straightforward as it seems. So many actions or lack thereof could result in charges under this statute. Here are some of the examples of activities that could result in Charges under VC 2800:

Fleeing from an officer even after the officer has ordered you to stay still.

Not complying with a police officer’s order to come out of your car after a traffic stop.

Driving through a clearly-marked emergency area that the police have enclosed for crime investigation

It is necessary to understand a directive or order by the police to avoid making the mistake of disobeying an officer while the officer is on duty. You could seek clarification if you do not understand what the officer means. However, if the officer does not give any order, you will not be guilty under this statute if you fail to do what the officer wants you to do. You need the help of an experienced criminal attorney to convince the jury of your innocence and compel the judge to dismiss your charges.

You go through the trial when you face charges for disobeying a police officer in California. The prosecutor must prove the following elements of the offense beyond a reasonable doubt for the court to find you guilty as charged:

That you willfully failed or refused to obey a lawful directive, signal, or order of a police officer

The officer was in their distinctive uniform at the time and was performing their duty

Let us look at these elements in greater detail to understand the offense even better:

A Willful Act
The crime of disobeying an officer involves a willful act of failing or refusing to follow an officer’s lawful order, signal, or directive. A willful act is intentional, purposeful, or deliberate. It means you saw the officer’s sign or heard their order or direction, understood it but still failed, or refused to comply.

A willful act is not accidental but deliberate. Some people act willfully when they know the consequences of their actions. If the prosecutor proves your actions were intentional or deliberate in court, you could be sentenced under this statute.

The Officer Was On Duty
An officer on duty will have their uniform and could be in a designated area where police officers perform their duty.

The police uniform is distinctive, characteristic of only the police. You are legally expected to know a police officer by their uniform. Thus, you should have known that the person giving you an order, directive, or signal was a police officer going by their uniform.

Having a distinctive uniform does not mean that the officer was in full police uniform or was wearing it at a specific formal level. For instance, being in plain clothes but wearing a police cap is adequate. But being in plain clothes but only wearing a badge is insufficient to support these charges.

Additionally, the officer must be performing their duty when the offense occurred. Police officers work in various areas, depending on the need. For instance, a traffic officer will be on the road, checking to ensure that motors abide by all traffic rules. Sometimes police officers are in the streets, gathering information or maintaining law and order. Being in uniform could be an indication that the officer was performing their duty.

Note that you could still be charged under this statute for failing to obey an out-of-service legal order by a member of the Highway Patrol or a member of any recognized law enforcement agency in California. An out-of-service order comes when your vehicle is declared improperly equipped or unsafe to operate on public roads.

How To Fight Your Charges
It is always a trying moment when you face criminal charges in California. The possibility of receiving a conviction is stressful enough. You could spend time in jail, pay a hefty fine, and live with a life-altering criminal record. However, you are allowed to fight your charges to avoid a conviction. If you face charges under California VC 2800, your attorney can aggressively use various legal strategies to compel the judge to dismiss your charges. Some of these strategies are:

Your Actions Were Not Willful
Remember that Vehicle Code 2800 requires you to have acted willfully in disobeying a police officer. It means that you disobeyed the officer deliberately or on purpose. You would not be guilty of this offense if that were not the case.

Your attorney can argue that you did not see or hear the officer’s directive or order, which is why you failed to respond to the officer. You could not have seen the officer’s signal if you did not see them.

Or you did not understand the officer’s signal.

You could have thought that the officer was signaling someone else and not you. For instance, if you were driving and there were other drivers, it could have been easy to assume that the officer was speaking to another driver, not you.

The most crucial bit is convincing the jury that you did not disobey or deliberately ignore the officer. The judge will dismiss your charges if your defense is acceptable in court.

The Officer Was Not On Duty
California VC 2800 requires you to have disobeyed or ignored an officer while the officer is performing their duty. It is the only way you can face charges for disobeying an officer. If the officer was not working, then your charges will not hold.

Generally, police on duty are in their distinctive uniform. It is easy to tell that an officer is working by how they are dressed. If an officer was off duty and was probably taking a walk or relaxing in a restaurant downtown, you will not be charged for disobeying them.

The jury expects the prosecutor to prove beyond a reasonable doubt that the officer was on duty when you committed the offense. Records must show that the officer was working at the time. The court will dismiss your charges if the prosecutor cannot prove that.

It Was a Crime of Necessity
A crime of necessity occurs when you have a good reason to violate the law. In this case, you must convince the jury that you disobeyed an officer on duty for a good reason. Your intention for using this defense is to avoid a guilty verdict even when you actually committed the said offense.

For instance, your attorney can argue that you had an emergency at the time and could not stop as the officer had ordered. It could be that you were rushing someone to the hospital or needed urgent medical care at the time. But, you must support your defense with evidence for the judge to drop your charges.

Mistaken Identity
Mistaken identity is a valid defense strategy in cases where the police mistakenly charge you with a crime someone else committed. It could be that the actual perpetrator looks like you, drives the same car as you, or you are friends. These mistakes happen all the time; sadly, some people pay for other people’s mistakes.

If an officer signaled a driver or gave an order or a directive while the driver was still in their car, it is possible that the officer did not see the driver very well. Thus, the officer will assume the vehicle’s owner, the driver, as the perpetrator. In that case, you must prove that you were not the driver at the time or were not driving on the route when the crime happened.

Your defense will weaken the prosecutor’s case since they cannot prove beyond a reasonable doubt that you disobeyed an officer.

Improper Conduct By The Police
Your attorney can use this strategy to convince the jury to dismiss all evidence gathered against you. The law guides the police on how they must carry themselves while discharging their duty. For instance, if an officer signals you to stop while driving. They must ensure that you have seen and understood the signal. Officers must always ensure that their orders and directives are simple and easy to understand by public members. If an officer is arresting you, they must follow the proper procedure, including reading your Miranda rights.

If you feel that one or more officers did not conduct themselves as they should, you can use that as a defense strategy to convince the court to dismiss your charges.

Penalties for Disobeying a Police Officer
If the prosecutor proves all elements of the offense beyond a reasonable doubt, the jury will declare you guilty of disobeying a police officer. You will receive a sentence and subsequent penalties as provided under the law.

California VC 2800 is a misdemeanor offense punishable by:

A maximum of six months in jail

Court fines no exceeding $1,000

The judge could be kind enough to award you misdemeanor probation in place of jail time. It means that you will serve your sentence out of incarceration and under the direct supervision of the court instead of a probation officer. Misdemeanor probation lasts for about a year, though it could be longer for some situations.

The judge will set probation terms and conditions by which you must abide through your probation. During this period, you will return to the court to give a progress report and demonstrate that you comply with all set conditions. Some of the conditions you could receive for this offense are:

Ensuring that you pay all court fines

Completing community service

Obeying all laws and ensuring you do not commit any crime while on probation.

If the judge feels you could benefit from counseling or any other form of therapy, you will be ordered to attend a specific program that aligns with your needs.

Participating in group counseling or therapy

Seeking gainful employment

Showing up on all court dates without fail.

It is vital to abide by all set probation conditions to avoid legal trouble. If the judge realizes that you have violated probation, they will summon you for a probation violation hearing to determine the violated conditions and your reason for violating them. From this hearing, the judge will make any of the following conclusions:

Reinstate your probation and give you a stern warning against further violations

Reinstate your probation but modify the terms and conditions by giving you stricter conditions

Revoke your probation and order you to serve the maximum required jail term for your offense

You are eligible for early termination of your probation. The law allows judges to terminate misdemeanor probation early on specific conditions. You can petition the judge to end your probation early if you complete the terms of your probation ahead of schedule, without violations. Remember that judges have total discretion in granting petitions like these. Therefore, there is no guarantee that the judge will grant your request.

You Can Have Your Conviction Record Expunged
A criminal conviction on your criminal record negatively affects various aspects of your life, including your social and career life. People find it hard to trust or associate with people with a criminal background. Potential employers conduct background checks on job seekers and will hesitate to hire anyone with a criminal record. Thus, a conviction for disobeying a police officer could affect your efforts to socialize or find suitable employment.

Fortunately for you, California allows people with a conviction record to apply for an expungement of that record. Expungement relieves you of the penalties and disabilities that come with the conviction. You can qualify for expungement after a sentence for disobeying an officer. But it would be best if you met the following conditions:

Complete your jail time or probation (whichever applies to your situation) — If you were sentenced to time in jail or the judge awarded misdemeanor probation, you must serve your term to the end before applying for expungement.

Remember that you must not have violated any probation condition for the court to accept your petition.

You should not have pending convictions or criminal cases — You will not qualify for expungement if you serve time for another offense or are on probation.

If you meet these criteria, you can petition the same court where the conviction occurred to have your conviction record expunged. The judge will review your case and check your probation report to make the final decision. Once your conviction is expunged, it will not be publicly available. It means that potential employers, landlords, and service providers like insurance companies will not use your criminal background against you. But, you are required to disclose the conviction when applying for public office.

Find a Competent Van Nuys Criminal Attorney Near Me
If you face criminal charges for disobeying a police officer in Van Nuys, it helps to work alongside a competent attorney to understand the nature and legal implications of your charges. Your attorney will guide you through the complex legal process, explaining your options and planning a solid defense against your charges. You will likely obtain a fair outcome for your case if you engage the support of a skilled criminal attorney. At Leah Legal, we do not rest until you are satisfied with the case’s outcome. Call us at 818-484-1100 and allow us to review your case for the best defense strategy.

Driving your vehicle on a suspended license in California is a criminal offense. The offense attracts severe penalties, jail terms, and further license suspension, among other great penalties. The penalties change based on several factors, like your past criminal conviction, whether you are a first-time offender, and whether you are a habitual offender.

Since the charges are severe, you want to seek legal help immediately after the police arrest you for driving on a suspended license. However, hiring a criminal defense attorney and defending yourself might be expensive. The attorney will help you fight the huge charges.

The attorney will also help you have your driver’s license reinstated. Note that you must meet the requirements and pay the legal fee. You can enjoy your driving privileges if you reinstate your driver’s license. The following are the consequences you will face when law enforcement officers arrest you while driving on a suspended license.

Possible Punishment and Penalties

Every subsection of VC 14601 carries different punishments. The court considers a series of factors, including the nature of the case and your past criminal history. The court will enhance the conviction if you drive a vehicle with a suspended license within seven years of the initial crime.

The penalties differ depending on the reasons behind the license suspension. Note that the punishment and penalties are strict for habitual offenders, vehicular manslaughter, and DUI cases. The possible penalties for driving on a suspended license include:

• When the court suspends the court due to a DUI offense, you will remain in a county jail for ten days to six months. You will also be fined between $300 and $1,000, and you will have to install an ID device in your vehicle.
• If DMV suspends your license for negligence actions like overspeeding and violating traffic rules, you will be fined between $300 and $1,000. You will also remain behind bars for between five days and six months.
• The IID devices were introduced to help minimize the cases of DUI. Therefore, once the DMV suspends your driving license, the law requires you to install the IID device. The device acts as a mini breathalyzer to ensure you do not operate the vehicle until you submit to an alcohol test.

What to Expect if Facing Charges for Driving on a Suspended License

The timeline set by the DMV to receive your driving privileges ranges from four weeks to one year. Apart from the suspension of your driver’s license, the law will require you to attend compulsory courses. Ensure you hire an attorney to help you fight the severe charges for violating VC 14601. The attorney will play a major role in helping you reinstate your driving privileges.

It would help if you were prepared to walk in and out of the court as your case proceeds. Remember, the DMV reinstates the driver’s driving privileges. The legal process for your reinstatement requires you to pay fines and provide proof of insurance. By working with a well-skilled lawyer, you understand the available options for driving on a suspended license. Ensure you disclose everything to your attorney, even if the court has already sealed your past criminal conviction.

Note that driving on a suspended license involves two main elements:

• The first element is that you operated a vehicle with a suspended license.
• The second element is that you knew you were driving on a suspended license.

Before the court imposes the penalties for violating VC 14601, the prosecutor must prove the elements of the crime. The DMV may suspend your license due to alcohol abuse and reckless driving. The same may occur when the driver has been declared negligent or incompetent to drive. The main common cause of the offense is reckless driving.

To avoid the hectic penalties for license suspension, you must reinstate your driving license with the DMV. Also, ensure you follow all the requirements while reinstating the license. Remember that license reinstatement requirements vary based on the reason for the suspension.

It would be best if you were also prepared to hire a criminal defense attorney. The attorney will help you fight the charge. Before you choose an attorney to work with, ensure you go for the best attorney. Who is the best criminal defense attorney? A well-skilled and experienced criminal defense attorney is highly favorable.

License Suspension for Certain Offenses

The DMV might suspend your license for certain crimes. The law prohibits you from operating a motor vehicle while under the influence of drugs. The specific offense that might lead to your license suspension includes reckless driving. The DMV might also suspend your license if you have a physical or mental condition.

So, when law enforcement officers find you driving a vehicle with a suspended license, you will face the penalties outlined. Speak with your attorney to help you learn and understand whether your offense meets the requirements for license suspension. If your license is suspended, the attorney will help you know what to do next.

License Suspension for Failure to Submit to Chemical Test

DMV may suspend your driver’s license when you refuse to submit for a chemical, breath, urine, or test. While serving probation, you might lose your license when you refuse to offer a chemical test. If you are below 21 years and have a BAC level above 0.01%, the Department of a Motor Vehicle may suspend your license when you are pulled over for drunk driving. If this is your case, you will face additional penalties for driving on suspended license charges.

License Suspension for General Cases

Under VC 14601.1, the law warns motorists from driving their vehicles when their driving privileges are suspended. The court can hold you guilty of the crime if you know you are operating the car on a suspended license. The statute also suggests that the department of motor vehicles issue you with a notice of license suspension. Your attorney can also help you understand the crimes classified as general offenses.

License Suspension for DUI Offenders

According to VC 14601.2, driving with a suspended license is a criminal offense. Although a DUI conviction itself can lead to license suspension, driving on a suspended license while under the influence of alcohol attracts severe charges. Therefore, a DUI charge leads to a license suspension in the following situations:

• Operating a vehicle with a BAC reading of above 0.08%
• Driving a car while under the influence of controlled substances
• DUI leading to injuries

License Suspension for Habitual Offenders

Who is a regular or habitual offender in California? The court might name you a habitual offender when the DMV suspends your license within a year of your initial license suspension. The court has several ways to punish you as a habitual offender. You might also become a habitual offender in a situation where you are driving on a suspended license and have an accident. So, you might face charges of being a habitual offender when you commit any of the following within a year:

• DMV had suspended your license, and you had committed other serious offenses like hit and run and DUI.
• The motor vehicle department suspended your license because you committed three less severe crimes, like speeding or running a stop sign.
• The DMV had suspended your license, but you had three other traffic accidents causing serious injuries.
• Your license was suspended, and you committed a combination of violating traffic rules and causing traffic accidents.

If you are a habitual offender, you risk facing serious penalties. A first-time offender faces the following penalties:

• Fine of up to $1,000
• 1-month jail term
• Probation for 36 months

Repeat offenders face the following penalties:

• Fine not exceeding $2,000
• Six months jail term
• Three years of probation

Remember, these penalties are in addition to your initial DUI penalties. You will also face additional penalties when the police arrest you while driving on a suspended license. But the habitual offender also has an opportunity to fight the charge. A good and well-experienced attorney can help you fight the charge. Also, the attorney can convince the court to reduce the charge to a less severe crime.

The Cost of Reinstating Your Driver’s License

Remember, a license suspension in California is a temporary revocation of your privileges to drive your car because of violating certain regulations and laws. Alternatively, the court will permanently revoke your license when you severely break the state’s laws.

Most cases are an accumulation of too many tickets or unpaid tickets. Tickets include moving violations, operating your vehicle while impaired, and causing accidents. Your license might even be suspended because of unpaid child support or taxes.

The law requires you to wait until the suspension duration elapses before you seek to reinstate your license. Primarily, the timeframe occurs as follows:

After the license suspension period elapses, you may pursue your license reinstatement.

In California, license reinstatement is not automatic, meaning the law requires you to apply for your driver’s license reinstatement and restore your privileges. You should also adhere to the licensing procedure, which differs according to the reasons for the license suspension.

How do you reinstate your suspended license? The first thing you want to do is examine the main reasons for your license suspension. In California, license reinstatement processes vary based on the nature of the case. You want to follow the following steps when reinstating your driver’s license:

Wait for the License Suspension Period to Pass

You have several possible ways to work out your suspension, but you can do nothing until the first four weeks of the suspension elapses. Remember that one month is compulsory, meaning you must adhere to the law. When you think the license suspension is illegal, you might ask for a hearing with the department of Motor Vehicles within the first ten days of obtaining the suspension order. The hearing will, however, not determine if you are guilty or innocent of a moving violation, but the department might agree to reverse the suspension for the time being.

Request for a Restricted License

What is a restricted license, and when should you obtain one? As you wait for the general license suspension, you or your attorney may apply and seek to obtain a restricted license. For you to obtain the license:

• Pay the required re-issuance fee
• Apply for the restricted license at DMV
• Show evidence of financial responsibility

Have Updated Auto Insurance and Submit the Necessary Document to the DMV Offices

The court cannot allow you to reinstate your license unless you have evidence of updated auto insurance. Alternatively, you want to submit the paperwork seeking to reinstate your license to the local DMV offices. You should also include legal auto insurance.

Pay the Legal Fee

The last step in reinstating your license is paying the necessary fee. Note the fee may vary based on the nature of the case. In California, the potential reinstatement fee is usually $55. DMV also charge reinstatement fee as follows:

• Court restriction $15
• Drug suspension $24
• Removing license restriction of $20

Also, the legal process for reinstating your license varies depending on the reasons behind your suspension. Ensure you work closely with your attorney to provide legal help throughout the legal process. Working alone will only worsen your case. A skilled and experienced attorney is the best choice.

Reinstating a Commercial Driving License After License Suspension

You can reinstate your commercial driving license in several ways. But it would help if you met the necessary conditions. So, you want to do the following:

• Clear your suspension license
• Appear for your DMV hearing
• Pay the necessary reinstatement fines and fees
• Attend the court classes as ordered

Although the law requires you to qualify for license reinstatement, the law requires you to serve the general period before you obtain your license. Clear off the fee. You can apply for a fresh license if your license has been degraded from commercial to non-commercial or regular.

Usually, the reinstatement fee varies based on the reinstatement request and the reason behind the disqualification. For example, removing the restrictions will cost $20, license re-issuance $55, court restriction $15, suspension by APS $100, and if you have a drug-related offense, you will pay $24.

The Cost of Hiring a Criminal Defense Attorney

The costs you incur while hiring a criminal defense attorney vary based on how they are experienced and the time taken to resolve your case. In many cases, the attorney charges per hour. Working with an attorney is much better than handling a criminal case alone. In many cases, the attorneys do not charge a consultation fee. However, the attorneys play a crucial part in ensuring you fight the charge. After investigating your case, the judge develops strong defense mechanisms to help fight the charge. In the driver’s license suspension case, the attorney might use the following defenses to defend your rights.

You were Unaware About License Suspension

Remember, before you face charges for driving on a suspended license, the prosecutor must prove you were aware of the license suspension. The crime will rotate around the aspect of knowledge. But your criminal defense attorney may argue you were unaware of the license suspension. If the DMV claims they emailed you, your criminal defense attorney may argue you had already changed your address by the time the DMV sent you the notice.

Invalid License Suspension

You only face charges for driving on a suspended license when the suspension is valid, meaning when the license suspension is invalid, you cannot face conviction for driving on a suspended license. So, let your attorney know about the charge earlier enough to have enough time to develop the defense.

Restricted License

After the DMV suspends your license, you might still acquire a restricted license. You must present valid reasons why you want to obtain the restricted license. When the Department of Motor Vehicles grants you a restricted license, you can comfortably drive to school or work. Also, you will be free to drive to any part the court has allowed you to. So, when your attorney claims you had a restricted license during your arrest, this can be a valid defense.

Plea Bargain

Sometimes the court may decide to reduce the charge to a less severe offense. A lesser crime may include driving without a valid license. Again, the prosecutor might reduce the crime to an infraction like a moving violation. But this must also occur when you do not have past criminal convictions. Ensure you work closely with your criminal defense attorney throughout the legal process.

Will Conviction for VC 14601 Affect My Immigration Status?

Fortunately, if you are an immigrant in California facing a charge for driving on a suspended license, the conviction will not impact your immigration status. Although other crimes attract deportation, driving on a suspended license charge will not attract deportation. Speak with your attorney to help you learn more about the possible penalties and punishment of an immigrant facing a charge for driving on a suspended license.

Contact a Criminal Defense Attorney Near Me

When the police pull you over driving on a suspended license, you want to seek legal help as soon as possible. You have several options you can choose from, starting from plea scenarios and reduced charges. Your attorney can develop several defense strategies to help you fight the charge. A well-skilled and experienced attorney is highly recommended for your case outcome.

At Leah Legal, our attorneys have a track record of winning criminal cases like driving on a suspended license. We do everything possible to obtain the best case outcome, may it be a reduced charge, sentence, or dismissal of your case. Our attorneys have helped many people in Van Nuys, CA, facing a similar charge. Contact us today at 818-484-1100 for a free case evaluation.

Most criminal offenses are charged as either felonies or misdemeanors. These two categories are different in several ways — for instance, felony offenses carry harsher penalties that could even include a life sentence while misdemeanor offenses carry lesser penalties. In general, felony offenses are more severe crimes compared to misdemeanor offenses. This blog will help you understand how felonies and misdemeanors are different.

What is a Felony?

A felony is a criminal offense that is punishable by imprisonment for more than one year. The prosecution of felonies in California is handled by the district attorney in the county where the crime was committed. If the district attorney decides to pursue charges, the case will be presented to a grand jury, which will determine whether there is enough evidence to indict the defendant. If the grand jury decides to indict, the case will proceed to a trial.

Felony Degrees in California

There are five different felony degrees in California. The degree of the felony is determined by the facts and circumstances of the crime, as well as the criminal history of the offender. The five degrees of felonies are a first-degree felony, a second-degree felony, a third-degree felony, a fourth-degree felony, and a fifth-degree felony.

• First-degree felonies — These are the most serious felonies in California. They are punishable by a prison sentence of 25 years to life, a fine of up to $10,000, or both. Examples of first-degree felonies include murder, robbery, and rape.
• Second-degree felony — these offenses are punishable by a prison sentence of 2 to 20 years, a fine of up to $10,000, or both. Examples of second-degree felonies include manslaughter, kidnapping, and arson.
• Third-degree felony — these felonies are punishable by a prison sentence of 3 to 5 years, a fine of up to $10,000, or both. Examples of third-degree felonies include burglary, assault, and drug trafficking.
• Fourth-degree felony — these felonies are punishable by a prison sentence of up to 18 months, a fine of up to $5,000, or both. Examples of fourth-degree felonies include fraud and forgery.
• Fifth-degree felony — these felonies are punishable by a prison sentence of up to one year, a fine of up to $1,000, or both. Examples of fifth-degree felonies include theft and vandalism.

Federal Felonies

Federal felonies are the most serious type of crime that a person can be charged with within the United States. They are typically punishable by a prison sentence of more than one year, and can often result in a prison sentence of 20 years or more. Federal felonies can also be punishable by death.

Categories for Federal Felonies

Federal felonies are classified as follows:

• Class A — Class A felonies are the most serious type of felony offense. They typically involve violent crimes, such as murder, rape, and armed robbery.
• Class B — Class B felonies are less serious than Class A felonies, but are still considered to be very serious offenses. They typically involve crimes such as drug trafficking and burglary.
• Class C — Class C felonies are less serious than Class B felonies but are still considered to be serious offenses. They typically involve crimes such as fraud and embezzlement.
• Class D — Class D felonies are the least serious type of felony offense. They typically involve crimes such as petty theft and vandalism.
• Class E — A class E felony is a felony that is ranked as the lowest level of crime in federal Law. A class E felony is punishable by a maximum sentence of four years in prison.

The Three Strikes Felonies in California

The three strikes felonies in California are serious crimes that can lead to a prison sentence of 25 years to life. The three strikes law was enacted in 1994 and is intended to keep habitual offenders off the streets and deter people from committing serious crimes. The law applies to three types of felonies: violent felonies, serious felonies, and certain felonies that are considered to be “wobblers” (crimes that can be charged as either a felony or a misdemeanor). A person who is convicted of a third strike felony will receive a mandatory 25-year-to-life prison sentence.

What is a Misdemeanor?

A misdemeanor offense is a minor criminal offense that is punishable by a fine or imprisonment of up to one year. Misdemeanor offenses are considered less serious than felonies which is why they carry a shorter jail term.

Misdemeanor Degrees in California

There are three different misdemeanor degrees in California. Note that the degree of the misdemeanor is determined by the facts and circumstances of the crime, as well as the criminal history of the offender. The three degrees of a misdemeanor are:

• First-degree misdemeanor — these misdemeanors are punishable by a jail sentence of up to 6 months, a fine of up to $1,000, or both. Examples of first-degree misdemeanors include domestic violence and DUI.
• Second-degree misdemeanor — these misdemeanors are punishable by a jail sentence of up to 3 months, a fine of up to $500, or both. Examples of second-degree misdemeanors include trespassing and petty theft.
• Third-degree misdemeanor — these misdemeanors are punishable by a jail sentence of up to 30 days, a fine of up to $250, or both. Examples of third-degree misdemeanors include loitering and disorderly conduct.

Wobbler Offenses

A wobbler is a crime that can be charged and prosecuted as either a misdemeanor or a felony. The decision of whether to charge the offense as a misdemeanor or a felony rests with the prosecutor.

Wobblers can be either “straight” or “aggravated.” A straight wobbler is a crime that is punishable as either a misdemeanor or a felony. An aggravated wobbler is a crime that is punishable as a misdemeanor or a felony, but the felony penalties are enhanced. Some examples of wobblers include:

• Assault & Battery
• Burglary
• Criminal Threats
• Domestic Violence
• DUI
• Lewd Acts with a Child
• Manslaughter
• Resisting Arrest
• Robbery
• Stalking
• Vehicular Manslaughter

What is an Infraction?

An infraction is a minor violation of the law that is punishable by a fine or citation but not by jail time. There are three categories of infractions in California: moving violations, nonmoving violations, and parking violations. Moving violations are offenses that involve the operation of a vehicle, such as speeding or running a red light. Nonmoving violations are offenses that do not involve the operation of a vehicle, such as littering or jaywalking. Parking violations are offenses that involve the parking of a vehicle, such as parking in a handicapped spot or parking in a no-parking zone.

What is the difference between a Felony and a Misdemeanor?

There are differences between a felony and a misdemeanor conviction. For example:

• The punishment for a misdemeanor can be a fine of up to $1,000 and a jail sentence of up to one year while the punishment for a felony can be a fine of up to $10,000 and/or a prison sentence of more than one year.
• If the misdemeanor is your first offense, you may be able to get probation instead of jail time. However, getting felony probation can be complex although If the felony is your first offense, you may be able to get probation after serving a specific percentage of your sentencing. Note that not all felonies are eligible for probation. 
• If convicted of a misdemeanor, you may be able to get a pardon while If convicted of a felony, you may not be able to get a pardon.
• If convicted of a misdemeanor, you may be able to get your charges dismissed. If convicted of a felony, you may be able to get your charges dismissed but the process is longer.
• Both felony and misdemeanor convictions can be expunged, but the process is different for each. A felony conviction can be expunged by having your record sealed, which means that it will not be accessible to the public. A misdemeanor conviction can be expunged by having the court order the record to be destroyed.
• A felony conviction is sealed in California by filing a petition with the court. A misdemeanor conviction is sealed by the court automatically sealing the record after the completion of the sentence.
• Misdemeanors are typically charged by the state in which you live while felonies can be charged by either the state or the federal government.
• The maximum amount of time between a trial and sentencing is six months while the maximum amount of time between a trial and sentencing is two years.
• The maximum amount of time between an arrest and trial for a misdemeanor is one year while the maximum amount of time between an arrest and trial for a felony is three years.

Other differences include:

• A felony is a more serious crime than a misdemeanor
• A felony conviction can result in a prison sentence, while a misdemeanor conviction typically only results in a county jail sentence
• A felony conviction can lead to the loss of certain civil rights, such as the right to vote or own a firearm
• A felony conviction can also lead to a loss of certain professional licenses
• A felony conviction will generally stay on your criminal record for life, while a misdemeanor conviction will typically only stay on your record for 7-10 years
• A felony conviction can make it difficult to find employment, housing, or obtain loans
• A felony conviction can lead to an increased sentence for future crimes
• A felony conviction can result in deportation for non-citizens
• A felony conviction can make it difficult to obtain a passport
• A felony conviction can impact your personal and professional reputation negatively

Felony vs. Misdemeanor Examples

Misdemeanor

Some of the common offenses charged as misdemeanors include:

• Trespassing
• Public intoxication
• Possession of a small amount of marijuana
• Reckless driving
• Vandalism

Felony

• Murder
• Rape
• Arson
• Robbery
• Burglary
• Assault with a deadly weapon
• Possession of a large amount of marijuana
• Manufacturing drugs

Punishment for Felonies vs. Misdemeanors

The major difference between misdemeanor and felony charges is that misdemeanor charges are typically less serious than felony charges, and are often handled less formally. For example, a misdemeanor charge may be handled in a lower court, such as a Municipal Court, rather than a higher court, such as a Superior Court.

Misdemeanor charges are also typically less serious than felony charges and are often punishable by a fine and/or a shorter jail sentence. For example, a misdemeanor charge of trespassing may be punishable by a fine of up to $1,000 and/or up to six months in jail, while a felony charge of burglary may be punishable by a fine of up to $10,000 and/or up to five years in prison.

What are the Effects of Felony and Misdemeanor Convictions?

There are several effects that both a felony and misdemeanor conviction has on a person’s future/life. These effects include:

• Misdemeanor and felony convictions can make it difficult for a person to find employment
• A person with a criminal record may be ineligible for certain types of housing
• A person with a criminal record may be ineligible for certain types of financial aid
• A person with a criminal record may be ineligible for certain types of government benefits
• A person with a criminal record may be ineligible to vote in some elections
• A person with a criminal record may be ineligible to serve on a jury
• A person with a criminal record may be ineligible to possess a firearm
• A person with a criminal record may be subject to increased penalties if convicted of another crime
• Some offenses may require an offender to register as a sex offender
• A person with a criminal record may be deported if they are not a U.S. citizen

Factors Used to Determine whether a Crime Should be Charged as a Felony or Misdemeanor

There are several factors that the court looks at before determining whether to charge an offense as a misdemeanor or felony. These factors include:

• The seriousness of the crime
• The criminal history of the defendant
• The defendant’s age
• The victim’s age
• The impact of the crime on the victim
• Whether there was the use of weapons during the commission of the crime
• The number of victims involved
• The amount of injury caused
• The premeditation involved and whether the offense was gang-related
• The jurisdiction in which the crime was committed

FAQs

Does felony classification affect sentencing?

Federal classification of felonies does affect sentencing in some ways. For example, federal law has different penalties for different types of felonies. The most serious federal felonies are classified as Class A, and they can be punishable by up to life in prison.

What are some differences between state and federal felonies?

Some differences between state and federal felonies include:

• The amount of jail time — A federal felony has a potential jail sentence that is almost always longer than a state felony.
• The types of crimes — Federal felonies are usually crimes that cross state lines, such as drug trafficking, whereas state felonies are usually more localized, such as burglary.
• The process — The federal felony process is usually more complicated and takes longer than the state felony process.

When Is a misdemeanor upgraded to a felony?

Misdemeanors are upgraded to felonies under certain circumstances. For example, if the misdemeanor is related to a serious crime, such as murder, rape, or armed robbery, it may be upgraded to a felony. Additionally, if you are charged with a misdemeanor charge of trespassing and you are found to have a weapon, the charge may be upgraded to a felony charge of armed trespass.

When is a felony charge reduced to a misdemeanor?

Some ways that a felony charge may be reduced to a misdemeanor include pleading guilty to a lesser charge, completing a rehabilitative program, or providing evidence that supports a lighter sentence. For example, if you are charged with a felony charge of burglary and the prosecutor can prove that you did not break into the home with the intent to commit a crime, the offense may be reduced and charged as a misdemeanor.

What are some of the misdemeanor facts in California?

• Misdemeanor charges in California are typically less serious than felony charges.
• Misdemeanor charges can sometimes be upgraded to felonies, depending on the circumstances of the case.
• Misdemeanor charges can result in jail time, but typically not more than one year.
• Misdemeanor charges can also result in fines, probation, and other penalties.
• Misdemeanor charges are typically handled in California’s Superior Courts.

What are the common felony facts?

• A felony charge is a more serious charge than a misdemeanor charge and can result in harsher penalties if convicted.
• A felony charge can be filed against an individual for various reasons, including but not limited to crimes such as murder, rape, robbery, and burglary.
• If an individual is convicted of a felony, they may face a prison sentence, fines, and/or other consequences such as the loss of their right to vote or own a firearm.

Find a Criminal Defense Attorney Near Me

Regardless of the charges you are facing, it is important to have an experienced criminal defense attorney on your side. Our criminal defense attorneys at Leah Legal can help you navigate the criminal justice system, and protect your rights. Call us today at 818-484-1100 for a free initial consultation if you are in Van Nuys. 

While the threshold blood alcohol concentration (BAC) for a drunk driving charge under Vehicle Code 23152 VC is 0.08%, an underage driver can face severe consequences if he/she has any amount of alcohol in his/her system. It is natural to worry when you receive information that your child is in legal custody for any alleged crime, but you have options.

If your child is under arrest for an alleged DUI (driving under the influence) offense, the police will not sympathize or pity him/her just because he/she is under 21. Retaining an attorney’s services is the only reliable way to protect your child’s best interest and reputation during this challenging and emotional moment after an arrest.

A skilled and experienced attorney will review your child’s DUI case to prepare well-thought-out defenses that can convince the prosecutor to drop or reduce the alleged charges. To that end, the sooner you hire a DUI attorney, the better the odds of beating the alleged DUI charge that has put your child in legal custody.

Helpful Tips On What to Do If Your Underage Child is Under Arrest for an Alleged DUI Offense

Most teenagers and 20-year-olds do not understand the impact of intoxicated driving. Apart from being one of the leading causes of most auto accidents, intoxicated driving is also a crime that can attract severe penalties upon conviction.

If your child is under arrest for an alleged DUI offense, it is on you as a parent to do everything necessary to protect his/her best interests. Instead of worrying about what the case could turn into or how it could be your fault as a parent, you should take the necessary steps to protect his/her best interests for the best possible outcome on the charge.

Below are helpful tips on what to do if your underage child is under arrest for an alleged DUI offense:

1. Educate the Child on His/Her Legal Rights

The best way to protect your child’s best interests upon an arrest is by informing him/her of his/her legal rights. Regardless of age, every arrestee has several constitutional protections or legal rights that the arresting officer must respect, especially when interrogating a crime suspect.

Since police misconduct issues are not uncommon, it is important to educate your child on his/her legal rights as the alleged case continues through the legal justice system. Some of these constitutional protections include the right to:

• Humane treatment
• Stay free from sexual harassment
• Remain silent
• Stop answering the officer’s questions during an interrogation
• Speak or consult with a defense attorney privately
• Stay free from unreasonable searches
• Call someone to inform him/her of the current situation or arrest
• A reasonable bail or bond

Remember to inform your child that the police are not his/her friend during these stressful times, regardless of how friendly they seem. Hence, talking to them politely or trying to prove his/her innocence will not help.

2. Educate Yourself on Various DUI Laws That Could be Apply to Your Underage Child’s Case

Another critical step to protecting your underage child’s best interests upon arrest for an alleged DUI offense is understanding DUI laws that could apply to his/her case and the consequences of violating these laws. Explained below are typically the three main categories of underage DUI laws that could apply to your child’s case, depending on his/her BAC level:

The ” Zero Tolerance ” Law

Since it is unlawful for someone under 21 years to drink or even sip alcohol, an underage motorist with any trace of alcohol in his/her system can still face a DUI charge. According to VC 23136, also known as the “zero tolerance” law, it is unlawful for anyone under the age of 21 years:

• To drive
• With a BAC of 0.01 percent or above
• After drinking an alcoholic beverage

Even small traces of alcohol in your system can raise your BAC to 0.01 percent. For that reason, the prosecutor could file a VC 23136 violation charge against your child even if the alcohol in his/her system was from any other source, not just an alcoholic drink.

Apart from alcohol, other potential sources of alcohol that can make your child guilty for the alleged “zero tolerance” DUI charge under VC 23136 include:

• Homeopathic medication
• Cough syrups
• Topical mouth-numbing gels

Typically, VC 23136 will apply to your child’s DUI case even if he/she was not impaired or intoxicated as long as his/her BAC was 0.01 percent or above. When determining the child’s BAC level, the officers will use a preliminary alcohol screening (PAS) device known as the breathalyzer.

A breathalyzer is a medium-sized hand-held device that uses a driver’s breath vapor to estimate the level or percentage of alcohol in his/her blood system after stopping at a sobriety checkpoint for a speedy DUI investigation. Although blowing a breathalyzer is optional for drivers aged 21 years and over, an underage motorist cannot refuse this roadside sobriety test.

Doing so can make the Department of Motor Vehicles (DMV) suspend your child’s driver’s license (DL) for up to one year. That is why it is crucial to educate yourself about what the alleged DUI charge your child is facing could turn into in the eyes of the law. Unlike a standard DUI charge, ” zero tolerance ” DUI is an infraction punishable by:

• Driver’s license suspension for up to one (1) year
• A fine of not more than $250

The Underage DUI Law

A violation of the underage DUI law will attract more severe penalties than a VC 23136 violation. Also known as the “underage DUI law,” VC 23140 is the statute that makes it illegal for a person aged 21 or below to drive or operate an automobile with a BAC of 0.05 percent or more in his/her system.

If you are older than 21 years old, driving with a BAC of 0.05 percent would not count as a DUI offense, which is why VC 23140 is known as underage DUI law.

Unlike VC 23136 violation “zero tolerance” DUI charge discussed above, VC 23140 violation charge is a crime in the eyes of the court. In most cases, if an underage motorist is under arrest for an alleged VC 23140 violation charge, the arresting officers will confirm his/her BAC level at the police station using a chemical test.

A post-arrest DUI chemical test could involve a blood test, urinalysis, or breath test. Reminding your child in police custody of the importance of cooperating with the officers during these BAC tests is critical to avoid making the alleged DUI case more severe.

Although the penalties for a conviction under VC 23140 do not attract a jail term, the penalties your child will face upon conviction will be more severe than what you would expect for a “zero tolerance” DUI charge conviction. Here are the penalties for underage DUI charge conviction under VC 23140:

• A fine not exceeding $300
• A one-year license suspension
• A self-sponsored three-month DUI course

The Standard ” Adult ” DUI Law

The BAC result of the breathalyzer or chemical test could also attract a standard DUI charge that an adult would face for the same offense. In addition to the prosecution for VC 23136 and VC 23140 violations, the prosecutor could also file a standard DUI charge against your child if his/her BAC level is 0.08 percent or higher.

Depending on the specific facts of your child’s case, your child could face any of the following standard “adult” DUI charges under VC 23152:

1. Drunk Driving Charge

VC 23152(a) is the law that makes drunk driving or driving under the influence of alcohol illegal. That means if your child displays signs of intoxication, for example, slurred speech or watery eyes, the police can arrest him/her even if there is no evidence that his/her BAC is 0.08 percent or higher.

Generally speaking, this law will apply to your child’s DUI case if his/her mental and physical abilities are impaired, meaning the minor cannot drive a vehicle as a cautious sober driver would under similar circumstances. For a conviction for VC 23152(a) violation, the prosecutor must prove:

• Your child did drive a motor vehicle
• He/she was under the influence of alcohol while on the wheel

If it is your child’s first time DUI charge, a conviction for a drunk driving offense under VC 23152(a) will attract:

• A misdemeanor “summary” probation for three to five years
• Three to nine months of DUI school
• A fine ranging between $390 to $1,000
• Six-months driver’s license suspension
• Detention in the county jail for forty-eight hours to six months

2. Driving with Excessive BAC Charge

Like a drunk driving charge, the offense of driving with excessive BAC is also a misdemeanor in the eyes of the law. According to VC 23152(b), also known as “per se” DUI law, it is unlawful for a motorist to operate a vehicle with a BAC of 0.08 percent or higher.

Unlike a drunk driving charge, for a conviction for VC 23152(b) violation, the prosecutor must convincingly prove that your child’s BAC was 0.08 percent or above at the time of the arrest. Upon conviction for VC 23152(b) violation, the penalties your child could face are identical to the ones listed above for a drunk driving charge conviction.

It is also worth noting that the penalties your child could face for a DUI charge conviction could increase or heighten if he/she has previous DUI offenses in his/her record or perhaps another person was killed or injured.

3. Understand the Potential Long-Term Consequences Your Child Can Face Upon a Conviction for a DUI Charge

Undoubtedly, no parent would ever want their child to pay hefty fines or go to jail, but these are not the life-altering consequences of a DUI charge conviction. The actual threat to an underage motorist is that the rest of his/her life can change due to a single foolish mistake.

In addition to the jail term, hefty fines, and other penalties mentioned above, a DUI charge conviction can attract other life-altering consequences, including:

• College rejection — Nowadays, most schools and colleges will ask about criminal history as part of the admission criteria. That means a DUI conviction can affect your child’s eligibility to join a college to pursue his/her dreams.
• Employment challenges — During a job interview, an employer could ask about a criminal background, and many will look at a DUI charge conviction as an instant disqualification. That means a potential employer could skip over your child for an equally or less qualified job applicant with a clean criminal record.
• Financial hardship — On top of the criminal penalties, a DUI conviction can also result in hiked insurance rates. Also, if your child caused an accident, the court could require him/her to pay damages or restitution to the injured party in a civil lawsuit.
• Housing challenges — Since landlords will also look at your criminal record before they accept you as a tenant on their property, a DUI conviction can make it challenging for your child to secure housing or an apartment to live in.

It is natural and understandable to want to protect your son or daughter from these life-altering consequences of a DUI conviction. If your underage child is under arrest for an alleged DUI offense, there is much you can do to protect his/her best interests and legal rights.

Hiring an attorney should be your first step once you receive a call or a message that your child is in legal custody for an alleged DUI offense.

4. Understand the Possible Defenses an Attorney Can Use to Challenge an Underage DUI Charge

There are several reliable defenses an experienced DUI attorney can apply to help your child challenge the alleged DUI charge for the best possible outcome. While every DUI case is different, below are some of the applicable defenses that can increase your child’s chances of obtaining the most favorable results on the alleged underage DUI charge:

• Your underage child was not driving
• Your underage child was not under the influence
• Your child’s breath and blood test results were erroneous
• Your child had “residual mouth alcohol,” which led to tainted results
• The arresting officers did not advise the child of his/her legal rights
• Your child’s arrest was unlawful
• The breathalyzer equipment was faulty
• The officer (s) doing the chemical blood or urine test did not follow the required DUI chemical test procedures

Although obtaining a dismissal of the alleged case is not guaranteed, a skilled and seasoned attorney will know the specific defenses and arguments that could work in your child’s favor for a lighter charge.

5. Learn About Other Related Offenses the Prosecutor Could File Against Your Child if He/she is in Custody for an Alleged DUI Offense

Depending on the specific facts of your child’s DUI case, the prosecutor file any of the following related charges against him/her instead of or alongside the underlying DUI charge:

Underage Possession of Alcohol in a Vehicle

According to VC 23224, it is unlawful for a child aged 21 to drive or operate a vehicle containing an alcoholic beverage inside unless:

• The minor had his/her parent or any other adult onboard
• The alcohol container is sealed and unopened

A violation of this statute is a misdemeanor offense punishable by:

• A jail term of not more than six months
• A fine of not more than $1,000
• Driver’s license suspension for not more than a year

Possession of Marijuana While Driving

Although marijuana is partially legal, there are still strict regulations on who can possess, sell or transport this controlled substance. VC 23222(b) is the statute that makes it a criminal offense for any motorist:

• To have an ounce or less of marijuana or weed while driving on a highway or any public road
• And the motorist is not legally authorized to possess, transport, or sell the substance

A conviction for possession of marijuana while driving under VC 23222(b) is punishable by a fine of not more than $100.

Drinking and Smoking Marijuana While Driving

VC 23221 is the statute that makes it illegal for any motorist to drink alcohol or smoke marijuana while driving. A first-time violation of this statute is an infraction that could make your underage child pay a fine not exceeding $100 upon conviction.

Find a DUI Attorney Near Me

Despite our efforts as parents to educate and warn our children about the dangers and repercussions of drunk driving or impaired driving, not all will take heed. However, that is understandable for teenagers who are still learning through their mistakes.

If your child is under arrest for an alleged DUI offense in Van Nuys, the best step you can take to protect his/her best interest and legal rights is to contact an attorney. We at Leah Legal understand what a conviction for a DUI offense can do to your child’s life, even after serving his/her sentence.

We invite you to call us at 818-484-1100 to discuss your child’s DUI case with our attorneys. Our understanding attorneys will leave no stone unturned when preparing the best defense argument to challenge the DUI allegations your child is facing for the best possible outcome.

There are only a few things that are more scary and frustrating than receiving a phone call or, even worse, a visit notifying you that your child has been placed under arrest. If this ever happens to you, you want to understand the essential things regarding juvenile crime and detention and know what you should and should not do going forward, as it will significantly affect the outcome of your minor’s case and future.

Remind Your Child That They Do Not Have to and Should Not Talk to Law Enforcement Officers

Usually, juveniles do not entirely understand their legal rights when they have been placed under arrest. Your child is entitled to not speak to the police. However, police officers usually try to make children under arrest provide proof that backs the reasons for their detention before they can speak to their parents or a skilled lawyer. The police may interrogate your child at their school, where chances are low that they will be appropriately advised of their rights. They may also interrogate the minor at the station where there might be hidden tape recorders or cameras.

Do Not Argue With Law Enforcement

Remember, law enforcement officers owe the public the duty to uphold the rule of law and maintain peace and order. Per the Bureau of Justice Statistics, most children arrested are judged delinquent. Out of the judged delinquents, most confess to their offenses. If a police officer arrested your minor, they possibly have a valid reason.

Also, note that law enforcement officers are not on your side. Instead, they aim to maintain peace and order and enforce the law. At times you will see that the police department is oddly inherently understanding of juvenile behaviors. The police here might make compassionate remarks and recommendations based on family circumstances. However, do not engage or argue with them. Doing so may lead to a less favorable outcome for your child.

Hire a Defense Attorney for Your Child Immediately

Often, law enforcement officers tell parents whose children are under arrest that they do not need an attorney. They might say they only need to speak to your young one and derive the truth regarding the matter at hand. Although, if your minor is under arrest, the same rules apply for adult suspects, particularly Miranda rights, which state that anything your minor says can and will be used against them in juvenile delinquency court.

In California, a judge can appoint a public defender to a juvenile suspect. However, this occurs after the prosecutor has filed charges at the initial court hearing, known as the detention hearing. By this time, your child will have missed many key chances during the pre-filing and investigation stage. At that point, they could even avoid court entirely by working closely with a skilled juvenile defense attorney. That is why you want to hire a lawyer as soon as your child is arrested.

An experienced attorney may be capable of having your minor’s case rejected for filing, resolved informally, or even dropped. Some things the attorney can work on before your child’s case starts are:

• Requesting your minor’s release so that you can take them home.
• Talking with the probation department to block the filing of a petition against your young one and potentially provide informal child supervision without bringing charges.
• Suggesting a rehab program instead of child detention.
• Convincing the D.A to not file, dismiss, or reduce the charges against your child or prosecute the child informally without formal court proceedings
• If the case reaches the adjudication hearing stage, fight for the minor acquitted of all charges

Find Support

Should your child be placed under arrest, you will require support. However, there just is not much out here in the form of parenting support groups for parents whose minors have been incarcerated or arrested. Experts supposedly focus on parental engagements for parents of child offenders. However, parental engagement does not seem to involve emotional support. Meanwhile, groups for parents of child offenders appear to be only centered on the problem of finding justice. Finding justice is undoubtedly a critical goal. However, parents of children who have been arrested also require emotional support desperately.

Parenting a minor accused of an offense can be difficult and lonely. Parenting an adolescent, particularly one susceptible to risk-taking conduct, can be stressful and confusing. In this case, some parents will feel ashamed and pull out of supportive social groups. In other cases, communities might isolate the families dealing with a child offender. Regardless of your specific circumstances, it is helpful to converse with other parents with the same problem as you or those who have overcome their child’s arrest.

Many local groups in California offer support and other resources to parents dealing with juvenile-related issues such as incarceration, arrest, or reintegration once an incarcerated minor is set free. On the contrary, few national groups are providing emotional support to parents of incarcerated or arrested children. Nevertheless, it should be possible for you to find message boards and chat rooms where you can speak about the problems and find support and comfort from other parents who have experienced the same problems as you.

When it comes to your child, be proactive with their problems. If applicable, have them enroll in rehab or counseling for drug or alcohol issues. If the child was accused of an offense like vandalism, work hand in hand with the child’s lawyer to repair all the property they might have damaged. This will assist both legally and personally since the juvenile court judge will see that you are already doing what they would require.

Be Calm

You may be angry, and understandably so, at your child, the party that accused them of an offense, or the law enforcement officer who placed them under arrest. However, being angry will not help your teen. Even if you feel your child did something terrible and deserves to be punished, remember you could always punish them at home as you see appropriate and in a manner that will not affect their future. Furthermore, remember that sometimes people are falsely accused; thus, it will not hurt to hear their account of events first.

Know Your Teen’s Rights and Remind Them of the Same

Whereas juvenile delinquency courts function differently than adult courts, a suspected child offender’s legal rights are significantly the same. A juvenile who has been arrested has the following rights.

The Police Must Have Probable Cause to Search the Child

For a police officer to search your child and arrest them, they must have what is known as probable cause. Probable cause means the police should have enough reason to believe your child committed an offense. An exception is if you or any school official know of a crime and inform the police.

The Legal Right to Stay Silent

When a police officer arrests your child, the child should maintain that they will remain silent until they speak to their attorney. Ideally, you would have already told your child this before they were arrested. If not, you should remind them of their right to stay silent when you talk to them in person or on the phone.

It is essential to understand that any conversation you have with your child in the interrogation room may be recorded and submitted as proof in court. Do not discuss their case with them in the interrogation room unless the child’s lawyer is present.

Your Child Does Not Have the Right to Post Bail

Mostly in California, a child is released to their parents/guardian before the court determines their case. However, in some instances, if the judge deems it necessary, they can detain your child until all the evidence is scrutinized or until the judge reviews the charges. As a parent, your child does not have the right to bail and may be detained for an unspecified period. This is unlike in adult court, where the defendant can post bail to secure their release pending case resolution.

The Right to be Provided with Notice of Charges

Your minor must be notified of all the charges they face. There are terrifying stories of people being detained indefinitely without due process and without even hearing the charges of which they have been accused. These situations happen, but they are rare. And being detained without being notified of the charges is not something that usually happens to child offenders. 

The Right to Legal Representation

As a guardian or parent, you ought to secure a skilled lawyer to represent your child in the court proceedings. That lawyer should understand juvenile delinquency laws, work or have worked in juvenile delinquency court, and understand the personalities and trends of the different juvenile court judges.

The Legal Right to Cross-Examine and Confront Witnesses

Although minors are not subjected to a court trial like adults, they have the legal right to cross-examine and confront witnesses. It is one of the ways the child can defend themself. And everyone else accused is entitled to defend themselves.

Charges Should be Proven Beyond Any Reasonable Doubt

For the judge to determine that a child committed an offense and deserves punishment, the prosecutor must prove beyond any reasonable doubt that the charges are accurate. It is the right of every juvenile accused of a crime to have the charges proven beyond any reasonable doubt. Should the investigation take an extended period, the child can be placed in a residential treatment center or detention facility until their charges are disproved or proven.

The Right Against Self-Incrimination

Children in juvenile delinquency court proceedings are entitled to invoke their 5th Amendment right against self-incrimination. This means no one can force a child to testify against themselves or say an incriminating statement that would later be used against them. In other words, the 5th amendment allows the minor to refuse to answer questions during the adjudication hearing to avoid accidentally confessing to the offense.

Other rights that your child has are:

• The right against unusual and cruel punishment.
• The Sixth Amendment right to a speedy trial.
• The right to contact a lawyer when detained.
• The right to contact you when detained.
• The Fourth Amendment right against unreasonable searches and seizures.
• The child is not, however, entitled to a jury trial.

Comfort Your Child

If and when your young one is released from custody, discuss what transpired and ask them how they feel about it. Helping your child emotionally following an arrest can be difficult. You may be upset and want to express your disappointment. However, you should also let your child explain their side of the story. You may end up grasping key pieces of information that may assist you in fighting the charges the child faces. For instance, if a school official randomly searched your teen’s locker without reasonable suspicion, it is proof that the judge can withhold during the trial. Let the child know you may be angry, but you understand they are going through so much, and you only want to help them.

Encourage the Child to Stay Out of Trouble

You and your teen may be passing through a lot, but try to have them return to school as soon as possible and encourage them to work hard to improve their grades. This move may seem inconsequential, but it can help persuade the judges significantly. And if the minor is truant for an extended period after being released from detention, it may also hurt their case.

Obtain Documents That Can Be Helpful to the Child’s Case

After you have addressed the immediate matters involved with having your minor set free and obtained legal representation, you can take several other steps to help their case. Tracking down reference letters, report cards, and documents showing your child’s positive achievements can strengthen the minor’s case by demonstrating that they are a responsible and good citizen.

Always give these documents to your child’s legal counsel for assessment before presenting them in court. Remember that the more information your child’s lawyer has regarding your child’s educational, medical, and personal history, the more effectively they will advocate for the child. Ensure you inform the lawyer if the child has a mental illness or learning disability that may impact their behavior. If the minor has current accommodation at school or an education program, present copies of all these records at the detention hearing—even if the school no longer provides the services.

Additionally, providing a list of the minor’s present medications and info regarding the specific problems the drugs are being used to treat can be essential. Also, if there is anyone who might have information regarding what transpired in the case, for instance, probation officers, neighbors, employers, teachers, pastors, or coaches, it is helpful to provide the attorney with the full names and contact information for each of them. Also, provide the names of anyone who can serve as a character witness or voice support for your child.

Be Present for the Probation Interview

If you are notified that your minor is being transferred to juvenile hall, the probation department will call you to request background info about the minor. To ensure proper safety and care for your young one, you want to be available for the interview and provide the department with whatever information they need.

Generally, the interview is handled by phone. Informing the probation department of any disabilities, medications, special education services, and medical conditions your child requires could significantly benefit the minor if the probation officer decides that the youth should be detained in juvenile hall. However, in some instances, whatever you say during the interview may help persuade the probation officer that you can provide enough supervision and support so the minor does not have to be detained. Keep in mind that any information you give the probation officer regarding your child’s conduct is documented in a report submitted to the prosecutor and judge assigned to the minor’s case.

Ensure You Understand the Conditions or Release

Your child may be released from detention after the prosecutor files the case with various rules that should be followed pending the case resolution. Or, they may be required to follow given probation terms after their case is resolved. They want to adhere to all the conditions of probation or release to avoid further problems.

Whatever the specific conditions are for your child’s release or probation, ensure you evaluate them. If it would be impossible for the minor to comply with the ordered conditions or you do not understand something, inform the child’s lawyer.

Contact an Experienced Juvenile Delinquency Defense Attorney Near Me

Has your child been arrested for an offense in Van Nuys, CA? At Leah legal, we know how overwhelmed a parent can be when their child has been detained. Our knowledgeable juvenile crime lawyer will assist you in fighting to protect your child’s rights and seek the most favorable outcome for their case. We will first walk through what to expect from the juvenile justice system and what you can do to help your child prevail in their case. We have successfully represented child offenders in Van Nuys for several years. Call us for a complimentary case evaluation and consultation at 818-484-1100 to know more about how we can help your child when arrested.

Engaging in sexual conduct with a minor under 14 years old three or more times over at least three months will attract prosecution under Penal Code 288.5. This statute considers offenders as individuals residing in the same house as a minor or with regular access to the minor to engage in lewd conduct with the child.

Children are a significant part of the vulnerable population. That is why exposing a child to lewd behavior is a grave offense. Understanding the crime will prove beneficial in preparing your defense. It involves analyzing the crime as described under California law, the penalties you will likely face upon conviction, and the defenses you can raise to challenge the charges.

Continuous Sexual Abuse of a Child Under California Law

Continuous sexual abuse is related to lascivious or lewd acts with a child under 14 years, an offense under Penal Code 288. However, Penal Code 288.5 addresses the more grave crime of individuals with access to children sexually abusing minors.

PC 288.5 definition of continuous sexual abuse is when any individual with recurring access to a minor or who resides in the same home as the child, over a period of time, no less than three months, engages in three or more acts of lascivious or lewd behavior or substantial acts of sexual conduct with a minor aged 14 years or less at the time of the offense.

PC 288.5’s definition provides the elements of the crime for which prosecutors must prove beyond a reasonable doubt. Only then will a jury find you guilty.

• You resided in the same house as the minor or had recurring access to the child
• You engaged in three or more acts of lascivious or lewd conduct or substantial sexual conduct with the minor
• The three or more acts occurred over a period of no less than three months
• The minor was 14 or younger at the time of the incident

Here is a detailed look at the key elements.

Recurring Access

Recurring access is the ongoing ability of an individual to contact or approach a child, in this case, regularly. Recurring access does not require the defendant to have authority over the minor or have an ongoing relationship separate from the sexual activity with the minor.

For example, a neighbor repeatedly enters a minor’s home without the child’s parents’ knowledge and has sex with the child.

In this case, the neighbor has recurring access to the minor. This is so despite the parents’ not being aware of the neighbor’s access to their home or that the neighbor had no established relationship with the child.

Substantial Sexual Conduct

Penal Code 1203.066(b) defines substantial sexual conduct as the penetration of the victim’s or the offender’s rectum or vagina, the victim’s or offender’s penis, or a foreign object. These actions include oral copulation or masturbation of the offender or victim.

Oral copulation refers to contact between an individual’s mouth and another’s sexual organ or anus. Oral copulation does not require penetration of an intimate part.

Lascivious or Lewd Conduct

According to Penal Code 288(a), lewd or lascivious conduct is willfully touching a minor’s body with the intent of sexually arousing the child or the offender. Bare skin contact or contact with their private parts is not required to indicate lewd or lascivious conduct. The act is deemed to have occurred if:

• You touch any part of the child’s body, or
• You cause the moor to touch his/her own body, your body, or a third party’s body for sexual gratification

It is also lewd or lascivious if the contact is achieved through the child’s clothing.

Note: The law deems children incapable of giving consent. Therefore, it is not a defense to claim the child consented. This also extends to situations where the alleged victim is a minor (less than 18 years of age but older than 14 years old), even if you reasonably believed the minor was 18 or older at the time.

Legal Defenses You Can Raise

Common legal defenses have proven successful in challenging the prosecution’s case. They target the elements required to find you guilty and create reasonable doubt. Here is a look at each of them.

1. No Recurring Access

Prosecutors bear the burden of proving you had recurring access to the child. Without substantially proving you had recurring access, your attorney can assert that you did not have regular access to the child. Thus, you cannot be guilty of continuous sexual abuse.

2. Insufficient Evidence

Recall that PC 288.5 requires that there were substantial sexual acts with the child. Innocent physical contact with a child is not illegal. Thus defense attorneys demonstrate to the court that you made physical contact with the minor. However, the touch was not sexual.

Prosecutors bear the burden of proving that there was sexual conduct and that it occurred over at least three months. Without irrefutable evidence to substantiate their claim, defense attorneys will challenge the prosecution’s assertion of sexual behavior occurring within at least three months. This approach should cast sufficient doubt to warrant a reduction of the charges, if not a dismissal.

3. False Accusations

It is possible that you were falsely accused of having continuous sexual conduct with a child. There are several reasons for these, namely:

• The child was confused about what transpired,
• The minor lied to have you kicked out of the house,
• The child’s parents or adults close to the child coached him/her to make false allegations, or
• The accusations are born of jealousy, anger, spite, or a need for revenge.

Whatever the motivation behind the false claims, this defense helps dismiss the charges.

4. Police Misconduct

Without sufficient evidence, police officers could resort to coercive interrogation techniques to force you to confess to the accusations. These actions are a case of police misconduct and a violation of your rights. Your defense attorney will demonstrate to the court the techniques and enormous pressure you faced. Therefore, your confession was coerced and cannot be relied upon.

Penalties Under Penal Code 288.5

Continuous sexual abuse of a minor is a felony offense. Convictions result in 6, 12, or 16 years in prison. Further, the judge, pursuant to Senate Bill 145, will impose a sex offender registration requirement. You will renew the sex offender tag annually within a period the preceding judge will so order.

Convictions for continuous sexual abuse of a minor also attract a strike under California’s Three Strikes Law. You earn your first strike if the PC 288.5 violation is your first conviction. Your penalties remain as issued by the judge for this offense.

Your penalties will double if the PC 288.5 violation earns you a second strike on your record. You will serve twice the sentence issued upon conviction. If you have two prior strikes on your record and the conviction for continuous sexual abuse of a child earns a third strike, you face 25 years to life in prison for the current charge.

Impact on Immigration

Continuous sexual abuse of minors is a crime involving moral turpitude (CMT). Under immigration laws, a crime involving moral turpitude is a deportable offense. A conviction means you will be deported to your country of origin and marked inadmissible. Therefore, you will be denied re-entry to the U.S.

Impact of Gun Rights

PC 288.5 violations are felonies. Convicted felons cannot own, possess, purchase, or receive a gun. If found with one, you risk additional penalties since your actions violate PC 29800. If found guilty, you will face up to three years in prison.

Expunging Your Conviction

Expungements remove convictions from an individual’s criminal record, thus freeing them from the impairments of a sentence. You only qualify for an expungement if you did not serve a prison sentence for your offense. Further, you must complete your probation or jail term.

Since continuous sexual abuse of a minor is a felony, you do not qualify for an expungement of your criminal record. Therefore, any person who runs a background check will see your conviction.

Statute of Limitations

There is no set time limit under California’s Statute of Limitations for the District Attorney to institute criminal charges against individuals accused of engaging in continuous sexual abuse of a minor. Police officers will investigate the allegations, and prosecutors will seek a conviction even if the alleged victim, a minor at the time of the incident, is an adult.

Offenses Considered as Child Molestation

Child molestation laws address other inappropriate conduct with a minor. The offenses addressed below are related to continuous sexual acts with a minor. Therefore, prosecutors could pursue charges for these crimes as additional charges or alternatives to which a defendant should plead guilty in a plea bargain agreement. They are:

• Lewd acts with a child, a violation of PC 288
• Lewd conduct with a child achieved by the use of force or fear, a violation of PC 288(b)(1)
• Lewd acts with a minor, causing bodily harm, a crime under PC 288(i)
• Sexual acts with a child under ten years of age, an offense under PC 288.7

Each of these offenses has specific elements that prosecutors must prove. Further, each crime imposes particular penalties upon conviction. Here is a look at each crime in detail.

1. Lewd or Lascivious Conduct With a Minor

Penal Code 288 makes it an offense to willfully engage in lewd behavior with a minor to gratify yourself, the child, or another individual sexually. Any acts, sexual or indecent, fall under lascivious conduct. Penal Code 288 specifically addresses lascivious or lewd conduct targeting minors 14 years or younger.

Prosecutors have to prove that:

• You willfully and lewdly touched a child’s body or caused the minor to touch his/her, your, or another individual’s body  — Touch does not necessarily have to be bare skin contact. Indirect touch through clothing suffices. Additionally, touch is not limited to sexual organs. Any part of a child’s body is enough to warrant charges under PC 288, and
• You engaged in the conduct with an intent to appeal, arouse, or gratify the passion, lust, or sexual desires of the minor, yourself, or a third party.

PC 288 violations are specific intent crimes, meaning prosecutors must prove you had a specific intent to satisfy a sexual desire or arousal for the jury to find you guilty. Sexual intent is a question of fact for the jury to decide. They consider factors including:

• The nature of the touch
• The context in which the contact occurred
• The nature of the relationship between the minor and the perpetrator, and
• The lack of a reasonable or innocent explanation for the touch

Penalties for Lewd Conduct With a Child

The penalties under PC 288 vary depending on the circumstances of the case. Your criminal history, the minor’s age, and whether you used force or fear determine your punishment upon conviction.

Lewd Conduct With a Minor Without Force or Fear

If you did not use intimidatory tactics while engaging in lewd behavior with a minor 14 years of age or younger, your actions violate PC 288(a). This offense is a felony.

You will face 3, 6, or 8 years in prison and a maximum fine of $10,000 upon conviction.

Lewd Conduct With a Minor Involving Force or Fear

It is a violation of PC 288(b)(1) to use force, fear, violence, threats, or duress while engaging in lascivious behavior with a minor 14 years or younger.

• Fear — The courts consider both reasonable and unreasonable fear as experienced by the child.
• Violence — Courts consider whether the offender used any form of physical force intended to cause harm or threats of bodily injury to accomplish the crime.
• Duress — An examination of the totality of the case circumstances determines whether coercion occurred. The courts consider factors including the physical control of the victim, the threats of harm issued to the child, and the warnings to the child of possible harm to him/her or his/her family should the child tell anyone of the perpetrator’s actions.

Violations of PC 288(b)(1) are felonies punishable by a prison sentence of 5, 8, or 10 years and a maximum fine of $10,000.

Lewd Conduct With a Minor Resulting in Injuries

If you engage in lascivious behavior with a child 14 years of age or younger and the victim is injured, you will violate PC 288(i). The penalties for this offense increase significantly.

If you personally inflict physical harm on the child, you will face:

• A life sentence per PC 288(i),
• 25 years to life in prison as per PC 667.61(d)(7), and
• A five-year sentence enhancement for inflicting bodily harm per PC 12022.8

Convictions under Penal Code 288 impose a lifetime registration as a Tier Three sex offender.

2. Sexual Conduct With a Minor Under 10 Years of Age,

Prosecutors will likely seek a conviction under PC 288.7 if you engage in sexual penetration or intercourse with a minor under ten years old.

A conviction is likely if the prosecutor proves that:

• You engaged in any of the following acts:

1. Sodomy — The penetration of another’s anus by another individual’s penis,
2. Sexual intercourse — Penetration of another’s vagina by the penis. Ejaculation is not necessary for the penetration to be deemed sexual intercourse,
3. Oral copulation — Contact between a person’s mouth and another individual’s genitalia or anus, or
4. Sexual penetration — Penetration of a person’s genitalia or anus by using a foreign object

• The child was ten years or younger a the time
• You were at least 18 years old at the time

PC 288.7 caps the victim’s age at ten years old. Therefore, prosecutors will opt for charges under PC 288 if the victim is ten years of age or older.

Sexual conduct is a strict liability offense. All prosecutors need to prove is that you engaged in any of the above-mentioned acts with a child ten years old or younger to secure your conviction.

Penalties for Sexual Conduct With a Minor Under 10

Convictions result in felony penalties. The penalties depend on the sexual act committed.

• Engaging in sodomy or sexual intercourse, a violation of PC 288.7(a), results in 25 years to life in prison.
• Engaging in sexual penetration or oral copulation, a violation of PC 288.7(b), results in 15 years to life in prison.

Further, you must register as a Tier-Three sex offender if convicted under PC 288.7. You retain the sex offender tag for life.

Note: Convictions for sexual conduct with minors under ten years of age are not expungable.

Contact a Criminal Defense Attorney Near Me

Prosecutions and convictions for the continuous sexual abuse of a child impose life-changing consequences. Early intervention is key. At Leah Legal, we review the investigation reports and charges and present our findings to the Van Nuys prosecutors as a pre-filling intervention approach to have the charges reduced or dismissed. Should the prosecution proceed to trial, we will mount an ideal defense strategy to challenge the charges. Contact us today at 818-484-1100 for a review of your case.

In California, the crimes of assault and battery are often charged together. However, California law categorizes assault and battery as two different crimes. An assault and battery conviction can have significant repercussions, including jail terms and fines. If you face accusations of one or both of these offenses, you should not despair. Instead, you should challenge your charges and work to have them dismissed or reduced. You can only achieve this by seeking the services of a competent criminal defense attorney. An attorney will help you create the best defense to fight your charges.

The Difference Between Assault And Battery

Most people assume that the crimes of assault and battery are the same and often use the terms assault and battery interchangeably. However, while both assault and battery are offenses, they are not similar.

Typically, assault refers to an act of putting someone in a reasonable apprehension of harmful or offensive contact. On the other hand, battery refers to an action that inflicts harm or improper contact with another person. An assault is like an attempted battery, while a battery is a completed assault.

Assault Explained

Intentional actions that make someone else fear imminent physical harm or an attack amount to an assault. This action is an offense outlined under Penal Code 240 of California law. You could commit this offense even if your actions do not inflict physical harm to the victim. Penal Code 240 permits the police to arrest you without proving that the victim suffered bodily harm. Some of the actions that could amount to simple assault in California include:

• Throwing a glass at someone else
• Pushing someone else away from you in an argument
• Raising a fist at someone else and swinging

California law prohibits violence against other people. An act of trying to use force on someone else, intending to inflict harm on them, could lead to simple assault charges. The prosecutor could charge you even if you failed to inflict harm on the target person. If the prosecutor accuses you of simple assault, Penal Code 240 requires that the prosecutor prove the following elements:

• You did an act, which by its nature, would probably result in the application of force on another person.
• You did the act willfully.
• When you acted, you knew that your actions would lead a reasonable person to believe that the action would directly and probably result in applying force to that person.
• When you acted, you had the present ability to apply force to that person.

Use of force refers to any harmful or offensive touching. Under California laws, even a slight touch done rudely or offensively counts as a use of force. The touch needs to be direct. An indirect touch could also amount to an assault. For example, if you use an object to touch another person offensively, you could face assault charges. According to Penal Code 240, you do not need to apply force to face charges. You only need to take action with the potential of resulting in the application of force on the victim.

Willful action means acting intentionally or deliberately. However, the defendant does not need to have intended to break the law, inflict injury, or gain an undue advantage from the victim.

According to Penal Code 240, you do not need to have intended to apply force to another person to face charges under this statute. You only need to know that, under the circumstances, the application of force was likely a result of your actions.

Penalties For Simple Assault

Violation of Penal Code 240 in California is a misdemeanor offense. You could face these penalties:

• A fine that does not exceed $1,000
• Summary probation
• A jail term that does not exceed six months

You could face steeper penalties if you assault a victim that belongs to certain professional classes. You could face heightened punishment if you assault an individual engaged in carrying out their duties as:

• Process server
• Doctor or nurse providing emergency medical care
• Search and rescue member
• Animal control officer
• Peace officer (police or other law enforcement)
• Lifeguard
• Firefighter
• Emergency medical technical or paramedic
• Code enforcement officer
• Traffic officer

If you were aware or reasonably should have known that you assaulted a person that falls into the above category, then you could face these penalties:

• A fine that does not exceed $2,000
• A jail term that does not exceed one year

Your fine could also increase to $2,000 if you assaulted a parking control officer carrying out their duties.

Defenses To Penal Code 240 Charges

You could use the following defenses to contest your PC 240 charges in California:

No Willful Action

The prosecutor must provide sufficient evidence that you acted with a specific intent for you to face charges under PC 240. If the prosecutor fails to prove that you acted deliberately, your charges could be dismissed. The intent is the critical element of an assault case. You must intentionally interfere with someone else’s liberties or rights in a manner likely to inflict harm on them. The intent is determined when a reasonable person concludes that the actions could have inflicted injury to the victim.

This defense could only be valid where your actions were accidental or resulted from a misunderstanding. For example, you can accidentally trip on an object and push the victim. In this case, you can state that you did not act intentionally or on purpose.

You Lacked The Ability To Use Force

You can only be found guilty of violating Penal Code 240 if the prosecutor establishes that you have the present ability to apply force to the victim. Lacking the ability to use force on someone else is a defense that could sufficiently challenge your charges and result in a not-guilty verdict.

You Acted In Self-defense or Defense Of Others

This defense requires that your response match the perceived threat. It should be evident that your application of force on the victim was necessary to eliminate an imminent threat. Your attorney could argue as follows:

• You applied appropriate force, that is, no more force than was reasonably necessary to defend yourself or others against the perceived threat
• You believed you or the other person was facing an imminent danger of suffering bodily injury or unlawful touch.
• You believed the use of force was crucial to defend yourself or others against danger.

There are circumstances where you could use threatening words to protect yourself. However, no matter how offensive, words without action are not enough to justify an assault. For example, in the heat of an argument, you could shout at someone that you are going to shoot him/her. Your words do not amount to assault if no gun or other weapon is present or visible. Assault charges could apply if there was a gun or you took a step showing intent to carry out the threat.

False Accusation

It is common for the victim or witness to lie and falsely accuse you of assault. Their actions could be propagated by hatred, jealousy, or revenge for a perceived wrong. In other cases, a colleague could claim you assaulted them to eliminate competition from the workplace. If you consult an experienced attorney, the attorney will understand the motivation behind false allegations. Your attorney will present to the court the evidence that calls into question the validity of the witness or alleged victim.

Battery Explained

You could face battery charges according to PC 242 of California law, even if you barely came into contact with someone, provided the victim found your actions offensive. This act is a crime under California law, and battery charges can apply even if the person was not physically harmed. The crime of battery is defined under PC 242 as any willful and uninvited touching of another person. If the prosecutor accuses you of simple battery, the prosecutor must prove the following elements for you to face the charges:

• You touched another person.
• You did it willfully.
• In an offensive manner

You cannot face the charges if the prosecutor fails to establish the above elements. Under Penal Code 242, a battery charge does not require a violent beating. The prosecutor only needs to show that you were in unpleasantly close contact with the victim.

Touching Someone Else

The element of touching someone can only be valid if you make contact with another person. You do not need to hurt the person. The slightest touch can suffice for this conviction. You also need not make direct contact to face charges under this element. You risk committing battery if you use something to touch another person. Under California battery laws, touching any item tied closely to another person amounts to battery. For example, ripping off another person’s clothing is a form of battery.

Touching Someone Willfully

Willfully means that you decided to commit the crime, which led to the act of battery. Acting willfully does not necessarily mean you have a plan to harm the victim or to break the law. For example, you could pick up a lamp and toss it on the floor in an intense argument with another person. The lamp could hit the person’s leg in the process. In this case, you intended to toss the lamp in the person’s direction, even though you did not mean to hit or injure the person. You could face battery charges for this act because you were aware that the lamp could hit the person.

In An Offensive Manner

You can only face battery charges if your contact with another person is offensive. Any physical contact that is unpleasant, rude, violent, or offensive. Spitting at someone is one of the common forms of battery. Spitting at another person is objectively viewed as offensive, even if it does not hurt the person.

Examples Of Battery Offenses In California

• Approaching a woman you are interested in and taking her by her waist. You could be charged with a battery because of the unpleasant nature of the touch.
• Picking an object and throwing it at someone, hurting them in an intense argument. You could face battery charges because of hurling the object, which caused it to make unpleasant contact with someone else.
• For example, a parent is summoned to school because of their child’s behavior. Later the parent spits at the teacher after being upset by the teacher’s comments. The parent could face battery charges even if the saliva did not reach the teacher.

Aggravating Factors

Often, prosecutors prosecute simple battery as a misdemeanor. However, a battery conviction could lead to harsher penalties in some circumstances. These factors are known as aggravating factors and fall into three classes. The first class focuses on the nature of the battery victim. For example, you could face severe penalties if you commit battery on the following people:

• Traffic officer
• A firefighter
• Teacher
• Law enforcement officer
• Emergency medical technician
• Correctional officer
• Another member of a related public service occupation while actively doing their duties.

Second, if the alleged victim sustains serious physical injuries resulting from the crime, the prosecutor could handle your charges harshly, and you could face severe penalties. This aggravating factor seeks to determine the type of battery and its impact on the victim.

Lastly, this category focuses on the nature of the victim. You could face severe penalties if the victim is your spouse, ex-spouse, boyfriend, or ex-boyfriend. In addition, you could face domestic battery charges, which attract harsher penalties.

Penalties For Simple Battery

Often, in California, prosecutors charge a simple battery as a misdemeanor offense. However, this offense could also be charged as a felony when one or more aggravating factors are present. For example, battery perpetrated against a peace officer acting in the course of their duty or battery causing significant bodily injury could be charged as a felony.

If the prosecutor charges you with a misdemeanor, you could face these penalties:

• A fine that does not exceed $2,000
• Three years of a summary probation
• A jail term not exceeding one year in a county jail

If the prosecutor charges you with a misdemeanor domestic abuse battery, you could face these penalties:

• A fine that does not exceed $2,000
• Misdemeanor probation for three years
• A jail term of not more than one year in a county jail

If the prosecutor classifies the offense as felony battery against a peace officer that results in injury, you could face these  penalties:

• A fine that does not exceed $10,000
• Formal probation for five years
• A jail term not exceeding three years in a state prison

If the prosecutor accuses you of felony battery that causes significant physical harm to someone else, you could face these penalties:

• A fine that does not exceed $10,000
• Formal probation of five years
• A jail term of 2, 3, or 4 years in a state prison

Also, pleading guilty or being charged with a misdemeanor battery could result in a permanent criminal record. The record could impact your life as you apply for school, jobs, and housing. This record could scare off potential landlords, employers, and teachers.

Defenses For Simple Battery

You can only fight simple battery charges by seeking the help of a professional criminal attorney. Some of the defenses you could present include the following:

You Did Not Act Maliciously

It is a serious crime for you to have malicious intent to commit battery under California Penal Code 242. However, you can only face the charges under this statute if you perpetrated the act willfully. You could allege that the act was accidental and that it was entirely unintentional.

You Acted In Self-Defense or Other People

This defense could be valid if the following factors are true:

• You used a reasonable amount of force that was necessary to protect you or the other person against harm
• You had reasonable belief that you or other people were in danger of sustaining bodily harm or unlawful touch
• You had a reasonable belief that immediate use of force was needed to protect yourself or other people against harm

Parental Right To Discipline A Child

In California, battery charges are often filed against parents in conjunction with Penal Code 273(d) child abuse. The parents’ actions against their children are often legal acts of discipline. You can counter your battery charges by alleging that you acted within your legal parental rights to discipline your child.

Crimes Charged Alongside Assault And Battery

Other crimes related to assault and battery in California include:

• Assault with a deadly weapon — Penal Code245(a)(1)
• Battery causing serious bodily injury — Penal Code 242
• Disturbing the peace — Penal Code 415

Find a Criminal Defense Attorney Near Me

If you or a loved one faces allegations of assault or battery, you should immediately contact an expert Van Nuys criminal attorney to represent and defend your rights. At Leah Legal, our criminal defense attorneys have successfully defended numerous clients facing assault or battery charges. We are equipped with the expertise and skills required to get the most favorable results for you. Contact us today at 818-484-1100 to talk to one of our attorneys.

Facing a conspiracy to commit murder can result in serious penalties, so you want to defend yourself by working with an experienced criminal defense attorney. Typically, a conspiracy charge attracts the same penalties as someone charged with committing the offense. Due to this, you need to understand the legal provisions of the crime and establish a workable defense strategy. Thus, having an experienced legal team to guide you is essential.

At Leah Legal, we dedicate our time to elaborating on your case. We understand the uncertainties of a legal charge and your need to follow all court proceedings. Moreover, our team is well-equipped to specialize in your case, providing the attention to detail needed to persuade the judge of your innocence. Contact us for reliable assistance if you or a loved one requires criminal defense services in Van Nuys, California.

What Conspiracy to Commit Murder Entails

Facing arrest for conspiracy to commit murder can surprise you, especially because no conventional criminal action has occurred yet. Despite this, section 189 of the California Penal Code prohibits any type of agreement from committing murder and sets out penalties for anyone found guilty.

A Conspiracy to commit murder charge can raise several issues about when you may be guilty of the crime. The most commonly asked question is whether the charge applies only if you are present at the murder scene.

In response, judges have ruled that you may be guilty of conspiracy to commit murder even if you were not present at the scene. The rationale is that the judge focuses on whether you agreed to the crime, not the actual act of murder. Establishing this is important because your agreement implies forming a criminal intent to commit murder. Therefore, whether or not you proceed with the actions is a matter for later assessment.

You should also note that the presiding judge focuses on your involvement or association with other parties who agreed to murder. The consideration differs from other crimes, meaning that the prosecutor’s main goal is to establish your active participation in agreeing to the crime.

Thus, the three essential aspects relevant to a conspiracy charge revolve around making plans to kill someone and agreeing to participate. Thus, the presence of another party is necessary, and you must have spoken about committing murder. Although the prosecutor may not delve into the intricate details of how you intended to execute your plan, they should demonstrate that a plan was in place.

In some cases, evidence of your attempted murder may also be available. If so, the prosecutor is more likely to be successful in showing your guilty involvement. However, please note that you do not have to proceed with the planned actions to be guilty of a conspiracy charge. The prosecutor relies on the main elements of the crime to establish whether to present your matter for trial. In doing so, they will have identified the key areas to focus on towards showing your involvement.

Elements of the Crime

After the prosecutor officially files your matter, you will receive a trial date. A criminal trial allows the prosecutor to present their case against you as they attempt to show you are guilty of conspiracy to commit murder. Despite this, they must develop their case within a fair trial framework that aims to uphold your constitutional rights.

Firstly, the prosecutor should meet the burden of proof, which requires them to prove your case beyond a reasonable doubt. The requirement sets a high standard of evidence to ensure that if the judge finds you guilty, you do so for justifiable reasons.

Secondly, the prosecutor should prove you guilty of all elements of the crime. Without meeting this requirement, they will not have satisfied the high standard of proof for criminal cases. In return, the judge is less likely to issue a judgment against you, as the evidence is insufficient.

Having understood the importance of proving all elements of crime, you want to understand the various approaches that the prosecution team may take. This way, your criminal defense team can identify weaknesses in the prosecutor’s argument and raise them in the defense hearing.

The main elements of the crime for the prosecutor to prove are:

1. You and Another Person/People Agreed to Kill Someone Intentionally

Firstly, the prosecutor must prove that you and the other suspects agreed to murder. The element is essential because it forms the basis for subsequent actions, attracting a conspiracy to commit a murder charge.

Usually, the prosecutor can present a case regardless of whether you made an express or implied agreement to commit the crime. Based on this, the prosecutor can retrieve evidence that may imply your agreement to participate. It includes appearing for subsequent meetings, participating in plans, and facilitating other offenders to purchase items to execute the crime with.

2. As an Agreeing Partie, You Undertook Further Action to Actualize the Agreement

Secondly, the prosecutor should prove that you did not just agree to murder other suspects. They should demonstrate active steps towards promoting the idea to further their arguments against you. In doing this, they should target the specific action you participated in to actualize the agreement to commit murder.

3. You Engaged in an Overt Act Related to the Agreement to Commit Murder

On top of showing that you participated in further action to promote the agreement, the prosecutor must focus on whether the action was overt. In this case, an overt action means any activity that demonstrates your intention to proceed with the murder. Overt actions often occur as you prepare to attack the victim, and you may participate as a group or individually.

What an Overt Act Entails

Since case circumstances differ from person to person, it is important to define what an overt act entails. Having a clear definition or examples, you can understand the possible defenses to apply to your case. Examples of overt acts considered in a conspiracy to commit murder case are:

Giving Someone Instructions on How to Commit Murder

Usually, planning to commit murder involves providing instructions on how to do it. This may involve explaining how to target the victim and the method to use in executing the offense. Additionally, the instructions can include details like dates, timelines, and clues to look out for when preparing for the crime.

Overall, the prosecutor focuses on the evidence available to show that you issued instructions. For example, the prosecution team could call on witnesses to reiterate the words you used when issuing instructions.

Additionally, they can retrieve text messages, emails, or any other communication means you used to deliver the instructions. The bottom line is that you should have directly involved yourself in action.

Purchasing a Lethal Weapon

Alternatively, the prosecutor can focus on showing that you purchased a lethal weapon to aid with the crime. Doing this is closely linked to murder because it demonstrates you are taking further action to actualize the plans you and others agree on.

Examples of lethal weapons that attract investigation officers and legal consequences include guns, pistols, rifles, knives, and machetes. In court, the prosecutor may produce receipts, surveillance footage, or witness statements detailing your purchases to cement your case further.

Moreover, they will establish a link between your purchase and the intention to murder by showing that you preserved the weapon for future use. This is in contrast to using the lethal weapon for other purposes unrelated to murder. For example, the prosecutor may need to prove that you did not buy a gun to participate in shooting activities for criminal purposes.

Renting a House or Room to Commit Murder

An overt act can also involve renting out a room or a house where you intend to commit murder. Your actions towards renting the house should show a direct link between the purchase/renting and the need to occupy a space to commit the crime.

Therefore, the investigating officers will source information that can serve as circumstantial evidence to demonstrate that you had a criminal intent to commit murder. Notably, you don’t have to purchase or rent the home yourself.

Third parties linked to you can also attract law enforcement officers’ attention, leading to your arrest. Subsequently, you should discuss the best options to avoid legal responsibility with your defense attorney.

Planning for the Targeted Victim to Appear at the Agreed Crime Scene

If you plan on how to target the intended during the conspiracy to commit murder, it also counts as an overt act. Targeting the victim may mean planning to isolate them if they are in a group to make your attack easier.

 Additionally, targeting the victim may involve depriving them of their liberty by kidnapping them or threatening them to follow you. As mentioned, you do not need to have undertaken these actions yourself. However, the prosecutor should show your direct involvement in planning the events.

Purchasing or Renting a Getaway Vehicle

Many crimes involve obtaining a getaway car to help with your escape. The vehicles are especially handy after committing a serious offense and are likely to raise the alarm immediately after executing it. Thus, obtaining a getaway car can be a sign of working towards advancing your plans to commit murder.

Since the prosecution team works closely with investigation officers, they will retrieve information about where and how you obtained the car. Moreover, you can expect the prosecutor to present the car details to ensure it matches the description.

Defenses Applicable in a Conspiracy to Commit Murder Charge

A defense hearing follows the prosecutor’s main case. It allows you to raise counterarguments and cast reasonable doubt on the prosecutor’s case, which is important. Further, your defense hearing is critical because you can present a new set of evidential sources that could significantly change the course of the case. The following are defenses you can rely on to fight a conspiracy to commit murder charge:

You Withdrew Your Agreement to Commit Murder

Firstly, you may argue that you withdrew your agreement to commit murder. Thus, your defense should demonstrate that you did not intend to proceed with the offense and that you informed your counterparts about it.

Making an express withdrawal from the conspiracy to commit murder is necessary, so you want to provide evidential sources of this. Express withdrawal can be instrumental in solidifying your defense because it alerts other parties intending to do wrong that they can no longer depend on you. This way, investigation officers do not have any doubt about you still working with the other suspects.

The Prosecutor Did Not Present Evidence on Your Overt Act

Since overt acts are critical to showing that you involved yourself in a conspiracy to commit murder, the prosecutor must present sufficient evidence on it. Failure to do so reduces the credibility of their case, giving you a chance to cast reasonable doubt.

Subsequently, you may raise issues with the prosecutor’s approach, specifically the insufficient evidence to show your participation. Your defense lawyer can also target the inadmissibility or irrelevance of the prosecutor’s evidence to demonstrate the lacking nature of their case further.

If successful, the defense may not completely absolve you of criminal responsibility. Nevertheless, it may help secure a lenient sentence, which can be important for your case.

Your Case Involves Mistake of Fact

Sometimes, your words may need to be understood more as an intention you did not have. For example, if the investigation officer or complainant who reported your case acted based on insufficient information, they may cause your unfair arrest. They may do this if a mistake of fact occurs and they misunderstand your conversations with other parties accused of conspiracy to commit murder.

When raising your defense, your defense lawyer should ensure that your case demonstrates the error in fact, versus the actual events as they occurred. Subsequently, you will need to recount the facts from your perspective and provide evidence to support your claims. Doing this may be demanding, but building a strong case can increase your chances of securing an acquittal.

The mistake defense can also apply where you face unfair arrest based on mistaken identity. For example, if you share a name with one of the targeted suspects, the investigation officers may target you mistakenly, resulting in your trial. If so, you should raise the issue at the earliest opportunity to help you draw the court’s attention to the issue.

You Did Not Intend to Commit Murder

Further, you can defend yourself by stating that you did not intend to commit murder. The defense will raise issues with the prosecutor’s basic premise for your case. Thus, your legal team will conduct in-depth research to ensure they present a solid case to persuade the judge.

Usually, claiming that you did not intend to commit murder can change the course of your case significantly. For example, the judge may reduce murder to manslaughter penalties if your defense is compelling.

Alternatively, you may receive an acquittal if you show that you withdrew your participation in the agreement and did not intend to commit murder. Hence, combining this defense with the first discussed is beneficial, provided you support the arguments with sufficient evidence.

Penalties for Conspiracy to Commit Murder

If your defenses do not convince the judge of your innocence, they will find you guilty and schedule a sentencing hearing. During the court session, you will learn the penalties you face based on your case circumstances, among other considerations.

Notably, conspiracy to commit murder charges will attract the same charge as committing murder. Consequently, you may face first-degree penalties applicable in California. The judge may sentence you to twenty-five years to life detention in state prison.

However, you may be eligible for a sentence reduction if you prove that you did not intend to commit murder. You can do this by solidifying your defenses with credible evidence to dispute the prosecutor’s claims. If successful, the judge will issue a manslaughter penalty instead of first-degree penalties.

Manslaughter falls within the felony category and attracts a sentence of between three, six, or eleven years in state prison. Based on this, you need to consult your attorney on the best approach to show that you did not intend to kill, despite facing conspiracy to commit murder charges.

Contact a Criminal Defense Attorney Near Me

When you or a loved one faces conspiracy to commit murder in Van Nuys, the first step should be contacting a criminal defense attorney to assist with the case. Doing so can raise your chances of a favorable case outcome because your attorney will help develop persuasive defenses. Moreover, having a legal team working on your case can help you view the case from a different perspective. Hence, you are better positioned to remember important facts that can be instrumental to your defenses.

With Leah Legal, you have access to a dedicated and experienced team equipped to handle your case. Our role is to provide guidance, research, and develop defenses for presentation in court. Further, we remain open to communicating with the prosecutor on your behalf and negotiating deals where possible. With our team working on your case, you can look forward to having a smooth criminal trial and better chances of a favorable outcome. For more information on conspiracy to commit murder charges, call us today at 818-484-1100.

In most cases, alleged victims seek justice through criminal accusations and convictions. While punishing someone who has caused another person pain could offer some comfort, not all cases should end in a conviction for the complainant to be compensated for an offender’s actions.

In some circumstances, a middle ground emerges in which the victim is fairly paid for damages via a civil compromise court action. A successful agreement usually means that there will be no additional criminal proceedings or measures to seek a conviction. This blog goes into greater detail about what a civil compromise means.

Understanding What Civil Compromise Means

A civil compromise is a judge’s consent to drop criminal charges in exchange for the accused paying the complainant for any losses or damages caused by their actions. Only judges have the power to approve a civil compromise. These agreements are common in certain types of cases, such as:

• Petty theft – California PC 484(a)
• Shoplifting – California PC 459.5
• Vandalism – California PC 594
• Embezzlement – California PC 503
• Other theft-related crimes

If the offense was a misdemeanor, civil compromises could be possible if the perpetrator agrees to compensate the complainant for the losses incurred. The complainant will need to show up in court to discuss the issue and let the judge know they’ve been fully compensated for the damages they incurred.

The complainant must then declare that they have no interest in pressing charges against the accused for the alleged offense. If the courts are pleased, the criminal allegations will be dropped. Misdemeanor offenses—not felonies—can be settled through civil compromises.

The prosecution team is not obligated to agree to a civil settlement. It is worth noting that even if the plaintiff gets compensation for the losses, the prosecutor may still press charges against the accused.

Requirements for a Civil Compromise

Civil agreements are only applicable when certain factors apply to the accused’s case. These are some of the conditions:

• The alleged offense against you should be one for which the victim has a civil recourse
• The alleged offense should not be against an ‘officer of justice.’ The law enforcement officer, in this case, is acting as a justice officer. The term “officer of justice” can refer to a law enforcement officer, a court clerk, a judge, a district attorney, or an attorney general, to name a few.
• The alleged crime against you does not involve the intention to perpetrate a felony. This essentially implies that a civil compromise is only permitted in infractions or misdemeanor cases. There are a few exceptions, such as when you are initially charged with a felony, but the case is later mitigated to a misdemeanor. This is admissible when the felony charges could be filed as a misdemeanor
• The offense charged against you is not an infringement of a domestic violence restraining order. This implies that there could be no civil agreement in any provisions of California PC 273.6
• The offense charged against you was not committed ‘riotously.’ The civil compromise act does not clearly define “riotously.” However, riotously refers to a crowd’s violent disturbance of the peace. These offenses include looting, rioting, and failing to disperse, to name a few
• You are charged with a crime that does not involve domestic violence. This covers offenses such as domestic battery against a cohabitant or spouse, inflicting corporal injury to a spouse, and others
• You were not charged with an offense against an elderly person. An elderly person is defined as anyone over 65 years old under criminal law. Common offenses against elderly persons are covered under California PC 368 d elder theft and California PC 368 b elder abuse
• The purported plaintiff appears before a judge or via declaration and indicates that he or she has been compensated for the alleged damages and doesn’t wish to press charges. Before going to trial, the alleged plaintiff should consent to the civil compromise
• The offense committed by you does not involve a minor as the alleged victim. These offenses include statutory rape, harassing or molesting a minor, contributing to a minor’s delinquency, and others

Civil Remedy

Civil compromises are only permitted where the injured party has a civil remedy against you for your alleged actions that resulted in the charges. A civil remedy implies that the alleged victim can seek monetary compensation for an offender’s actions in a civil court. Civil remedies are not always available to alleged victims in every case.

For instance, in a regular drunk in public case, there isn’t an alleged plaintiff who could seek monetary damages from the offender in civil court. As a result, the purported defendant is not eligible for a civil agreement.

Although there may occasionally be damages associated with the accused’s offense, the crime itself need not necessarily result in damages. In such circumstances, you have no option for a civil settlement. The most common scenario is a DUI resulting in property damage.

Even if the DUI is tied to damage to property, it is not an offense that necessitates the presence of an alleged victim. Therefore, even if the DUI is linked to damage to property for which the accused victim would often have legal recourse, a civil compromise isn’t permitted in DUI cases.

Civil Compromise and Felony Offenses

A civil compromise option does not apply if you’re accused of a felony. However, if the felony could be tried as a misdemeanor, then a civil compromise could be considered. This only applies if the judge or the prosecutor agrees to lower the felony charges to a misdemeanor before trial.

For instance, if you were initially accused of felony vandalism, civil compromise would not be an option. However, assume the prosecutor consents to lower the felony charges to a misdemeanor. In this case, you could be able to seek a civil compromise. This assumes all other requirements of civil compromise are satisfied. When a felony offense cannot be tried as a misdemeanor, your options for civil compromise could be impossible.

Agreement by the Alleged Victim

The most critical element of a civil settlement is that it is only possible if the purported victim agrees to drop the charges. This implies that the victim should appear before a judge or issue a written statement to the prosecutor stating that they do not want the file charges and that they have received compensation for their actions that resulted in criminal charges.

You should never approach the victim directly to persuade him or her to consent to a civil settlement. This behavior could result in additional charges against you, like intimidating the witness, contempt of court, violating a protective order, and other offenses. When you seek a civil compromise, you usually have some information that the victim would be eager to settle the matter and doesn’t want to press charges.

In this case, your lawyer can talk to the victim to find out if he or she is willing to settle out of court. If the alleged plaintiff agrees to a civil compromise, your criminal defense lawyer can draft an agreement for the victim on your behalf.

Also, you shouldn’t pay the victim for damages directly. Instead, if there is any payment, it should go to the victim through your defense lawyer or an agent of the criminal defense lawyer, such as a third party or an investigator.

Furthermore, restitution for losses does not need to be monetary and does not need to be paid to the supposed victim. Occasionally, the purported victim will request that any monetary damages be transferred to a 3rd party, for example, a shelter for the homeless, to victims of domestic abuse, or an animal shelter, etcetera.

If the purported victim informs the court that they have been “paid” or “satisfied,” the civil compromise is authorized to progress (assuming that every other element has been satisfied). The criminal offense of hit-and-run without injuries is considered a misdemeanor that bears a civil remedy for the purported victim.

Also, every other element of a civil compromise is fulfilled in hit-and-run without injury proceedings. However, a civil compromise alternative is not applicable in hit-and-run instances without injuries because of a specific exclusion the court cut out of the civil compromise act (Vehicle Code 20002(a)).

Dismissal Through Civil Compromise

If each element in Penal Code 1377 is satisfied, and the DA and judge concur, the accused’s criminal charges could be withdrawn under a civil compromise. In most circumstances, this is an excellent choice for offenders who face collateral concerns, like immigration ramifications for criminal charges.

Even though a civil settlement is permitted, it’s crucial to remember that the actions that initially prompted the criminal allegations might be the topic of collateral repercussions. In most cases, the collateral repercussions, if any, are significantly lessened against the accused.

For instance, if a person is a member of the armed forces and is accused of a crime that is afterward cleared using a civil compromise, the military can reprimand him for the purported behavior that gave rise to the initial criminal accusations.

However, in most cases, the offender will experience significantly fewer collateral repercussions because the criminal allegations were resolved through a civil compromise.

It’s crucial to realize that the civil compromise can be interpreted as an inferred admission of the purported act and that this implied admission can be employed against the accused in several situations, including their immigration case and prospects in the military.

Because of this, even if a civil compromise alternative is typically a viable substitute for an accused person to prevent collateral effects (and indictment), it isn’t always the ideal alternative. Because every case is unique, you should consult your criminal defense attorney before resorting to the civil compromise.

Problems with Double Jeopardy

If the civil compromise is accepted, the criminal counts will be dropped, and the prosecuting attorney will be prevented from prosecuting you again for actions that gave rise to it. This is not to say that another sovereign can not penalize you for that act (such as the immigration authorities).

Criminal defense lawyers cannot make civil claims settlements against a purported victim depending on their consent to the civil compromise. A case can only be dismissed by an entity that is allowed to prosecute people.

For instance, if the supposed victim decides to withdraw the charges against the accused, neither the accused nor the accused’s attorney may consent to waive civil actions against the claimed victim or impose the payment of compensation to the purported victim.

In other words, the defense lawyer cannot contact a potential plaintiff and propose covering the plaintiff’s losses only when the plaintiff consents to a civil settlement. In some circumstances, this can make it harder to reach a civil compromise.

What Advantages Do Civil Compromises Have?

A case settled by a civil compromise benefits all parties involved—the defendant, victims, and the court. A civil settlement favors the defendant by preventing a criminal charge and subsequent criminal record.

A civil compromise provides the victim with an assurance that they will be compensated for any losses they may have suffered.

A civil compromise is advantageous to the court since it makes it possible to handle lower-level matters more quickly and effectively when they don’t need to go through the entire criminal trial procedure.

Criminal proceedings could take a while to process, and compensation will be postponed for the duration except if a civil compromise is achieved.

What Categories of Cases are Not Eligible?

Civil compromises cannot always be used to resolve minor cases. California PC 1377 forbids the following offenses from being handled using civil compromises:

• Actions taken by or directed at a law enforcement officer while they are on duty
• Riotous Conduct
• If the act goes against an order of the court
• If there’s a deliberate intent to engage in a criminal act
• If the act occurred during a domestic violence incident,
• If the offense is perpetrated against an elderly person, under PC 368
• If the act is directed at a minor

A 2019 decision by the California State’s Appellate Court eliminated the possibility of a civil compromise for hit-and-run offenses under California VC 20002.

Because the prosecution is not obligated to consent to a civil agreement, it might not necessarily avert criminal prosecution.

Consider a scenario in which the prosecutor decides that, although a settlement through the civil compromise is viable, it’s in the best interests of justice to take criminal action against you. If so, the law does not forbid them from doing that.

Alternatives to Civil Compromise

After undergoing a diversion course, certain crimes mentioned above that aren’t subject to a civil compromise could be dropped. Diversion, or avoiding criminal indictment, is a process whereby the accused’s criminal allegations are dropped provided they complete a probationary sentence.

An alternative for a civil agreement, for instance, is not available in a prostitution issue due to the lack of a traditional victim.

However, if the accused completes their court-mandated “diversion” class, makes any necessary reparation to the purported victim, and refrains from being accused of another offense for a predetermined period (typically eighteen months), the DA might very well offer to drop the criminal charges.

There are some criminal cases where diversion isn’t viable.

California Laws Regarding Civil Compromise Authorization

Civil compromises are permitted under California PC 1378. According to this law, the court has discretion in deciding whether to offer the accused relief by dismissing a criminal charge in exchange for compensation and fulfillment of any monetary costs associated with their actions.

PC 1377 outlines the kinds of misdemeanor offenses that can’t be addressed in this manner. Experienced criminal defense attorneys can employ several tactics to secure a civil compromise.

Get in touch with an experienced legal team if you’ve been accused of a crime that might be eligible for a civil compromise so they can go through the specifics and advise you on what you need to do.

How Does a Motion for Civil Compromise Work?

A motion for civil compromise is confined to misdemeanor cases. However, it can be used for several offenses, including hit-and-run, shoplifting, and vandalism. If accepted, the case can be dismissed.

The California Penal Code sections 1378 and 1379 grant a judge the authority to dismiss a case if it’s in the best interests of justice. Depending on the case’s aggravating and mitigating factors, the court can rule against you if “paying off” the alleged victim would result in a favorable outcome for you.

Find a Van Nuys Criminal Attorney Near Me

If you are accused of any crime, you need to contact a criminal defense lawyer. If you’re a victim of a crime seeking a compromise, you also need to speak with your local prosecutor or any other attorney. Your attorney can let you know if the case is suited for civil compromise. If it is, they will guide and assist you throughout the procedures and counsel you.

At Leah Legal, we can guide you through the procedure and assist you to get the best result for your situation, such as a civil compromise with all of the advantages that come along with it. Our lawyers represent clients throughout Van Nuys, CA. Call us today at 818-484-1100.

Crimes that involve minors carry severe penalties. Contacting a minor with the intent to perpetrate a felony is a crime punishable under Section 288.3 of the California Penal Code. The majority of the offenses that can lead to this charge are sexual offenses. If you are facing charges involving a minor, you need to contact a seasoned criminal defense attorney as soon as possible.

What Does It Mean to Contact a Minor to Commit a Felony?

California law prohibits communicating with a child if the perpetrator has the specific intent to conduct any of the fifteen stated felonies with the youngster.

Contrary to similar charges, Section 288.3(a) makes contacting someone you reasonably presume to be a child illegal and even considers it unlawful to even try to contact a child to conduct certain felonies.

All unlawful communications are punished under California Penal Code 288.3 as efforts to conduct the intended or planned felony. If you perpetrate a crime for which there is a specified sentence or fine, you will be held accountable for the full term of imprisonment and fine. If you are found guilty of violating this penal code, you face a maximum of three years imprisonment and a $10,000 fine.

A second conviction for this offense carries an enhanced penalty of five years imprisonment under California Penal Code section 288.3(a). Since California Penal Code 288.3(a) constitutes a separate offense, you will also be subject to punishment for that underlying offense, which may include a prison term or fines. Any person convicted of a crime under Section 288.3(a) of the California Penal Code must register as a Sex Offender.

Evidence the Prosecution Must Present

In summary, the prosecuting attorney must demonstrate the following to establish guilt for contacting a minor to commit a felony under California Penal Code 288.3(a):

• You made an effort to contact a child
• You meant to commit a specified felony with that minor
• You were aware—or ought to have known—that he or she was a minor
• To further comprehend what the above elements entail, let’s look at them in more detail.

Communicated or Made Contact With

Under PC 288.1, the following interactions qualify as “communication” or “contact”:

• In-person contact
• communication through mail
• Any print-based method of communication, for example, “Missed Encounters” or a personal advertisement in a magazine or newspaper
• Contact made online or via email
• Communication by phone
• Communication using any type of radio or wire communications system

Any kind of contact or communication, whether direct or indirect, with a minor, is considered to be contact or communication with the minor.

A Minor

Anyone under the age of eighteen (18) is considered a minor. Contacting or communicating with a juvenile, or even attempting to do so, is illegal in California under PC 288.3.

This is crucial since sting operations with undercover cops who pose as minors (often conducted online) are a common method of enforcing this law.

Therefore, in many instances, a defendant does not contact a minor, but rather with somebody they thought was a minor.

Knew or Ought to Have Been Aware That They Were a Minor

PC 288.3 states that you cannot be found guilty except if you either were aware or should have been aware that the purported “victim” was a child. This indicates that, for instance, if the child clearly said that they weren’t under the age of 18 and you had no cause to suspect otherwise, you shouldn’t be charged for this act.

Underlying Offenses

If the prosecutor can show that you planned to perpetrate one of the crimes listed under California PC 288.3, then you would be convicted of contacting the minor with the purpose of committing a felony.

The underlying offenses include:

Kidnapping

In California, kidnapping is defined as the forcible and unlawful transportation of another individual across a significant distance without the victim’s permission. Kidnapping could also be done without resorting to physical violence or threats of violence or physical harm if:

• You’re kidnapping another person to conduct a sex offense against him or her
• your victim is below the age of fourteen (14)
• you employ misrepresentations or false promises to get your victim to come along with you

Rape

PC 261 defines Rape as the act of engaging in sexual activity without the other party’s permission.

This could indicate:

• That it’s perpetrated using violence, force, duress, threats, or fraud
• The victim’s incapacity to give consent (for instance, since they’re too inebriated or have physical or mental disabilities)

Child Endangerment

Cause, permit, or inflicting unjustified physical harm or emotional distress on a minor is considered child endangerment under Penal Code 273a.

Unlawful Sodomy Acts

A violation of California’s sodomy laws, PC 286, includes:

• Force somebody to perform anal sex (sodomy) against their will, or
• Engage in anal sex or sodomy with a child
• A lewd act with a minor under the age of 14

Lewd acts that involve a child are defined under PC 288 as touching a child on the body for sexual reasons. This statute solely covers lewd behavior done with a child under the age of 14.

Oral Copulation

It is against the law to do either of the following, according to California PEN 287:

• The practice of performing oral sex on someone without their consent (also referred to as “oral copulation using fear or force”); or
• Oral sexual activity with a minor where they have given their consent

Sending Harmful Materials to a Child

Sending “obscene” material to anybody under 18 years with the purpose of sexually stimulating yourself or the receiver, along to indulge in sexual acts with them is illegal under California’s “harmful material transmitted to seduce a minor” law.

The Use of a Foreign Object to Forcefully Perform a Sexual Act

California PEN 289 PC, forcible sexual penetration using a foreign item falls under one of two categories:

• Non Consensual penetration using a foreign item, perpetrated using violence, physical force, threats, fear, or d to the victim’s safety
• Consensual penetration of a minor below 18

Child Pornography

Possible child pornography acts in California that could form the basis of PC 288.3 contacting a kid with intent to conduct felony charges include:

• California PEN 311.1 & 311.2: transporting, Sending, producing, duplicating, or having in one’s possession with the aim of distributing it
• PEN 311.4 prohibits engaging a minor in the creation of child porn by hiring, using, coercing, or persuading them
• Possession or control of child pornography is punishable under PEN 311.11

Consequences of a Conviction Under Penal Code 288.3

The penalties for contacting or communicating with a person under 18 with the aim of committing a felony are similar to the penalties for the underlying act you are accused of intending to commit.

These are typically felonies. Penalties could include:

• Formal or felony probation
• Serve time in state prison
• Fines of not more than $10,000

Sentences are dependent on the nature of the original offense. Examples include:

• Penalties for communicating with a juvenile with the intention of engaging in forcible sodomy ranges from seven to thirteen years behind bars.
• For communicating with or contacting a child with the aim of perpetrating lewd acts on a minor under 14, the penalty is three, six, or eight years in prison.
• You could go to jail for anywhere between sixteen months to eight years if you make contact with a juvenile with the intention of engaging in consensual oral sexual activities with them.
• Additionally, if you had formerly been found guilty of violating PEN 288.3, the possible potential prison term will be extended by an extra and consecutive 5 years for any subsequent violation.

Registration Requirement for Sex Offenders

If you have been convicted of communicating with or contacting a minor with the intention of committing a felony, you would be mandated to register under the state’s Sex Offender Registration Act (PC 290). Generally, you would be categorized as a tier three sex offender, which mandates registration for the rest of your life.

In some instances, you could be obligated to register as a tier two sex offender, which carries a minimum registration term of 20 years. Tier one sex offenders are required to register for a minimum of 10 years. Under the California Sex Offender Registration Act, sex offenders should register with the local police in the jurisdiction where they currently reside. It is necessary to renew this registration:

• Each year, within five working days of your birthdate
• Each time you relocate

After being convicted of a felony under PC 288.3, you would also be found guilty of a felony charge for failing to register as a sex offender” if you don’t comply with these registration conditions. This offense could result in a 16-month, 2-year, or 3-year prison term.

How a Defense Attorney Can Defend Against This Charge

California voters approved a law prohibiting communicating with or contacting a minor to commit certain offenses in 2006. It was a provision of Proposition 83, commonly known as the Sexual Predator Punishment and Control Act.

Being charged with a sex crime can be a traumatic experience, and you shouldn’t attempt to handle it alone. A competent defense attorney specialized in the field of sex crimes can be of great assistance. They can assist you in determining whether the following legal defenses can apply to your case:

You Had No Intention of Committing the Underlying Offense

Perhaps you communicated with or contacted a juvenile, and had sexual or romantic feelings toward them. You might believe that you have infringed the provisions of California PC 288.3 in light of your action. The prosecution would not secure a conviction for “contacting a minor with the intention to commit a felony” unless they can show that the defendant intended to perpetrate one of the specified sex crimes.

Even if there was explicit sexual content in your conversations, the fact that you had contact with the juvenile doesn’t necessarily demonstrate your intention to perpetrate the crime. The fact that you made plans to meet with the minor doesn’t indicate that you did so with criminal intent, especially if the meeting point was scheduled to be at a public place.

You Had No Idea the Individual You Were Conversing With or Contacting Was a Minor

If there’s proof that you truly and reasonably believed the “alleged victim” was over the age of 18, then you and your defense lawyer could raise this legal argument.

Some examples of arguments that could support such an argument include:

• The alleged “victim” misrepresented their age to you
• You met the alleged victim in an environment where minors are not allowed, for example, a concert or a bar reserved for adults
• The ” alleged victim” behaved or seemed unusually mature.

You Fell Prey to Police Entrapment

Police entrapment comes into play when a defendant gives in to a law enforcement officer’s coercion and commits a crime they would otherwise not have committed. Entrapment could occur when police officers influence an individual to carry out a certain action through:

• Coercion
• Fraud
• Harassment
• Fleecing
• Making threats
• Flattery

After getting caught in an undercover sting operation, it is normal to face charges of contacting a juvenile with the intention of committing a felony. Undercover police officers can pose as juveniles to engage in aggressive internet flirtation with potential targets.

If this occurs to you, the entrapment argument can be used to claim that you’re not liable for conversing with a juvenile for criminal purposes.

Offenses Related to PC 288.3 Violation

If you’re convicted of contacting a minor with the intention to engage in a felony, you should be cognizant of the following related crimes:

Arranging to Meet With a Juvenile for Lewd Intentions

Provisions of PC 288.3 is quite similar to the crime of “arranging a meeting with a juvenile for lewd intentions.” This law, which was enacted concurrently with PC 288.3, declares it illegal to:

• Set up a meeting with a juvenile
• While driven by an abnormal or unnatural sexual interest in minors
• To expose you or the juvenile’s genital area
• Take part in lewd activities with a minor, at their meeting

Arranging to meet with a juvenile for lewd reasons, like speaking with a juvenile with the intention of committing a felony, is classified as an attempted crime that can be tried in court even if you never perpetrate the sexual activity with a kid.

Setting up a meeting with a juvenile for lewd intentions is classified as a misdemeanor crime. This offense carries a maximum sentence of one year in jail and a hefty fine of $5,000.

However, PC 288.4 is elevated to a felony with a four-year maximum term of imprisonment if:

• You are obligated to register as a sex offender due to a previous conviction for a sex crime
• You show up for the meeting with a juvenile

Arranging to meet a child for lewd reasons as an alternative to “contacting a juvenile with the intention to commit a felony could be an option in many circumstances.

This could be a preferable strategy since the latter offense can only be charged as a misdemeanor crime and has less severe penalties. It’s vital to remember that setting up a meeting with a juvenile for lewd intentions necessitates registering as a sex offender.

Statutory Rape (PC 261.5)

Consensual sexual contact with a juvenile constitutes the crime of “statutory rape,” according to California PC 261.5. Statutory rape is notable in that it does not fall under the category of underlying offenses that would justify charges of making contact or conversing with a juvenile to perpetrate a felony.

Therefore, the fact that your intention was only to have consensual sexual contact with the juvenile could be used as a legal argument against PC 288.4 allegations. This would imply that you’re not guilty of that offense.

The consequences for attempted statutory rape would be less significant than those for engaging a juvenile to commit a felony. The former offense can be charged as a misdemeanor crime or a wobbler depending on your age and the alleged victim’s.

Frequently Asked Questions About Contacting a Minor to Commit a Felony

Below are some of the most frequently asked questions about a PC 288.4 violation.

Can I be Found Guilty If the Juvenile Lied About Their Age?

You could be found guilty of this offense if you genuinely knew or had a good reason to believe that the victim was under the age of 18. This implies that even if the juvenile gave false details about their age but appeared to be less than 18 to a reasonable individual, you can still be found guilty of this offense.

What If the Juvenile Approached Me First With Plans to Engage in Sexual Activity?

A minor isn’t allowed to agree to any sexual contact in California since the state’s legal system views them as lacking the mental capacity to comprehend the implications of their actions. Therefore, the fact that a minor approached you initially is not a valid justification for the crime.

Find a Van Nuys Criminal Defense Attorney Near Me

If you are facing charges of communicating with or contacting a juvenile with the intention to commit a felony, you should immediately engage a competent and experienced criminal defense lawyer. At Leah Legal in Van Nuys, we have a track record of successfully defending clients against these allegations. We will put out the utmost effort to resolve your matter in the best way possible. Call us right away at 818-484-1100 for a free consultation with no commitment.

Many people rely on their cars as their main means of everyday transportation. With such a strong dependency on vehicles, accidents are likely to occur. While some accidents can be attributed to simple negligence, those involving drunk drivers are almost always catastrophic. In this blog, we’ll analyze what makes a DUI hit-and-run different from a regular DUI offense.

An Overview of a Regular DUI Crime and a DUI Hit and Run Under California Law

California VC Section 20001 mandates that if a motorist is responsible for an accident that results in death or injury, he/she is required to pull over at the accident scene and provide his/her details to law enforcement, the other motorist, and any victims. If the motorist causes damage to property (including vehicles) due to his/her conduct and fails to stop at the accident scene, then he/she would be infringing the provisions of California VC 20001 and perpetrating a Hit and Run crime as per California VC 20002a.

It’s worth noting that a prosecution under California VC 20002 alone doesn’t evaluate whether the motorist was inebriated. Evidence that you fled the accident scene and the presence of actual damages resulting from the collision are the most important elements in this scenario.

On the other hand, provisions of California VC 23152 make it illegal if you’re behind the wheel while being impaired by alcohol, drugs, or both. Therefore, in every drunk driving case and conviction, the evidence that the motorist was inebriated by intoxicants is the most important element, unlike the California VC 20002 violation. The prosecution needs to demonstrate that the perpetrator’s blood had traceable amounts of substances that are illegal to have in your system while operating a vehicle. This can be done through investigations or findings from a drug recognition specialist.

Such substances include illegal drugs such as methamphetamine and in certain cases, legally medicinal medications like marijuana. In addition, the prosecution must present evidence that the accused’s blood alcohol content was above the legal limit at the time the incident occurred. California DUI laws mandate that you cannot operate a vehicle with a blood alcohol concentration (BAC) of 0.08 percent or above, or 0.04 percent for commercial drivers. For motorists under 21, the BAC percentage shouldn’t be more than 0.01.

If a motorist is found to have been inebriated by alcohol or drugs while operating a motor vehicle and has broken both of the preceding provisions of the California vehicle code, they could be convicted of a DUI Hit and Run. If you’re found guilty, you would face harsh penalties such as driver’s license suspension, hefty fines, prison sentences, and mandatory attendance at DUI School.

What Happens in the Event of a DUI Accident

California law mandates that anyone responsible for an accident should pull over immediately at the scene. If the motorist didn’t stop, law enforcement would quickly locate and arrest the perpetrator. If the officers are successful in pulling over the driver, thorough examinations of the motorist should be conducted. This will help to determine that he or she was the individual responsible for the accident.

Some of these examinations include looking for and assessing blood stains on the accused’s vehicle, interviewing eyewitnesses to get their accounts of the accident, and reviewing surveillance footage from the accident site.

When speaking with law enforcement, victims, or anyone at the scene of an accident, you need to provide your details. The details necessary are the motorist’s name, current physical address, and the registration details of the automobile that caused the crash.

You should also provide essential support to the alleged victim like taking them to the hospital for medical assistance or dialing 911 for emergency assistance to the alleged victim. The motorist should be examined for traces of drugs or alcohol in his or her bloodstream. The chemical testing indicates whether the motorist was impaired while operating a vehicle.

If the incident causes damage to someone else’s property, you should pull over immediately. Track down and contact the owner, and provide him/her with your contact details. You can also leave a letter in an open location, like a damaged building or automobile. The letter should include your personal information as well as what happened. In line with California VC 20002, it’s a misdemeanor offense to flee the scene of an accident in which property has been damaged without first providing appropriate assistance.

It’s natural for the at-fault motorist to feel a great deal of anxiety and fear after an accident in which someone else’s property or body was harmed or even killed. It’s natural to feel this way, but getting in touch with your attorney right away can help you avoid criminal charges or being charged twice.

Elements of a Regular DUI and a DUI Hit and Run Under California Law

The jury instructions for DUI with an additional hit-and-run allegation provide that the court should determine beyond any reasonable doubt that the following is true:

• You operated the motor vehicle
• Driving while impaired by drugs, alcohol, or a combination of both
• While drunk driving, you also committed an illegal act or failed to discharge your legal obligations
• The victim suffered physical harm as a result of your illegal act or failing to carry out a legal obligation if there is any injury to the victim

“Legal duty” in this case refers to the requirements under the law to pull over and share information at the scene of an accident. This constitutes a hit-and-run crime.

To convict someone of DUI hit-and-run, the court should, according to the jury instructions, find the following elements true beyond any reasonable doubt:

• You were driving and got involved in the car accident
• The incident caused damage to another person’s property
• You were aware that you had caused the destruction of property in an accident or had reasonable cause to believe that such damage had occurred as a result of the nature of the incident
• You willfully failed to carry out one or all of the following legal duties:

1. Stopping immediately at the accident scene
2. Providing the owner or individual in charge of the destroyed property with your name and current dwelling address
3. Providing the name and physical address of the vehicle owner that you were driving

Different Categories of DUI Hit-and-Run Crimes

Those accused of a DUI Hit and Run offense have firsthand accounts of what occurred. The motorists involved could not understand if they truly injured an individual or destroyed property, or could have caused the crash at a location where it’s illegal to stop. Possible reasons for accidents include not having a valid license, driving under the influence of alcohol, or fear of getting arrested. A DUI hit-and-run can be charged as a misdemeanor or a felony based on the circumstances.

A misdemeanor hit-and-run offense occurs when: (a) the incident was minor (no aggravating factors such as death), but the motorist at fault just opted to flee away unnoticed; (b) the motorist caused the accident as a result of drugs/alcohol impairment – even if he/she sustained no injury – but fled; or (c) the defendant fled after destroying someone’s property.

A DUI hit-and-run should involve people as opposed to the property to be classified as a felony. If an intoxicated motorist causes death or serious harm to another individual and then flees the crime scene, the driver has perpetrated a felony, irrespective of the worth of the property damaged or the severity of the victim’s injuries. For example, if a driver causes a small accident and then flees the scene, but it is later determined that the incident resulted in harm to other people, the motorist would be subject to felony DUI charges under California law.

If a person is injured in an accident and you flee the accident scene without rendering aid or reporting the incident, you can be charged with a felony under California Vehicle Code sections 20001, 23152, and 20002 for DUI Hit and Run.

Different DUI Hit and Run Penalties

If found criminally culpable of this crime, the jury will apply two laws to evaluate the convict’s forms of punishment. Penalties for causing serious bodily harm, including those that result in the disability or disfigurement of a person, are spelled out under Section 20001 of the California VC. Similarly, VC 20002 specifies the punishment for DUI Hit and Run that results in property damage. Penalties range from a misdemeanor to a felony, depending on the nature of the offense.

An Accident that Results in Injury

According to California law, you could face felony or misdemeanor penalties if the offense causes injury to any parties besides yourself. Injury severity and the defendant’s criminal history will determine the gravity of the charges.

The following penalties apply if you are found guilty of a misdemeanor offense under California Vehicle Code 20002 (b) (i):

• A sentence of not more than 12 months in jail
• Fines ranging from $1,000 to $10,000
• Both fines and a jail term

It’s important to note that your penalties could increase if you were intoxicated. They consist of reparations, informal probation that lasts no longer than three years, and two additional points that the DMV may add to your driving record. You may also be subject to a combination of any or all of these consequences. Conversely, if found guilty of a crime under this section, the fines are the same but the maximum jail time is increased to three years.

To avoid a conviction for the lesser offense of hit-and-run, your attorney could try to negotiate a civil compromise that would resolve the matter. If a settlement is reached, you’ll be responsible for covering all losses. As a result, the state will no longer pursue hit-and-run charges.

Even if the state dismisses the hit-and-run charges, a person convicted of DUI faces up to 3 years in prison, fines of $1,000 to $10,000, or both, and revocation or suspension of their driver’s license.

An Accident Resulting in Serious Bodily Harm or Death

According to California law, this type of DUI hit-and-run is punishable under VC 20001(b)(i). This is also a wobbler. Nevertheless, the severity of penalties and punishments increases depending on the severity of the crime.

If you are found guilty of DUI Hit & Run with Severe physical Injuries or a fatality (20001 (b)(ii)), you face the following penalties as part of a misdemeanor sentence: a minimum of three months and a maximum of twelve months behind bars, fines ranging from $1,0000 to $10,0000, or both fines and time in jail.

If you are found guilty of committing a DUI felony offense under California Vehicle Code 20001b (ii), you could receive a sentence of two, three, or four years in state prison, monetary fines ranging from $ 1,000 to $10,000, or both fines and the imprisonment sentence.

Do DUI Hit and Run Convictions Carry Additional Charges or Penalties?

When someone is found guilty of DUI Hit & Run, the DMV automatically adds 2 points to their driving record. If a person accumulates four points in one year, their license will be suspended for six months. Depending on the driving record, you could have your license suspended on top of other penalties for DUI Hit and Run.

The car insurance company has the right to revoke the insurance policy and/or raise your premiums if your vehicle is covered. Additionally, you’ll be responsible for paying the excess amount that’s not insured if the owner of the property you destroyed in the accident sues you.

Anyone who suffered injuries as a result of the accident can file a lawsuit against you if you are found to be at fault. When someone dies because of your actions, their loved ones can pursue legal action under civil law as well. This implies you need to pay a certain sum of money to the accident victim’s loved ones.

If you flee the scene of an accident in which someone was killed you will be charged with vehicular manslaughter under Section 191.5 of the penal code, and face an additional five years in prison.

Potential Defenses to a DUI Hit-and-Run Conviction

Defending against accusations filed under California VC sections 20001, 20002, or 23152 is dependent on the evidence given to the court. To refute the accusations against you, your lawyer will carefully review the evidence presented against you and pinpoint any errors in the prosecution’s case.

An experienced DUI lawyer can use the following legal arguments:

You Weren’t the One Behind the Wheel

If the lawyer can prove that somebody else was operating the car at the time of the accident, the charges against you will be dropped, because hit-and-run allegations are only legitimate if you had been driving the car.

You Weren’t Responsible for the Accident, as It Occurred Outside of Your Control

This is possible in the event of unconsciousness, i.e., if you caused the accident but passed out and were unable to adhere to the legal requirements, and then another car occupant drove the vehicle away. Additionally, it is not feasible to care for the victims as required by law. Furthermore, you wouldn’t be obligated to stop when a crowd of enraged people encircled your car and exiting would endanger your life;

You Didn’t Purposefully Disregard California VC 20001’s Requirement that You Share Personal Information

You didn’t willfully refuse to provide the information if, following the accident, you were incapacitated and someone in your immediate vicinity ended up taking you to the emergency room without disclosing personal details, which is required by law. You were unable to because of the current situation or circumstances

You Were Unaware that Any Damage Had Been Done Or If there Had Been an Accident

So, let’s say you’re behind the wheel and you rear-end someone’s car at a red light. As soon as you two come to a stop, you don’t see any damage. You then proceed to drive away.

After getting home, the other driver contacts the authorities to claim that their vehicle suffered damage during the accident. Your lawyer can assist in demonstrating to the judge that the allegations are not hit-and-run because you did not flee after knowing that you had caused the accident.

The circumstances are similar in the event of a physical injury. In many cases, an injury happens after the collision rather than before. For example, a car accident could only result in physical damage to the vehicle, but the victim might complain of pain several days later, and a doctor’s examination would later confirm that the pain was caused by the accident. Your defense attorney could assert that you were unaware of the victim’s injuries and you did not refuse to offer assistance.

If a blood or chemical test measuring your blood alcohol concentration shows that you weren’t intoxicated, your lawyer could try to have the charges against you reduced to hit-and-run.

Contact a Van Nuys DUI Lawyer

If you are facing a DUI Hit & Run or a regular DUI charge, you should know that there are alternatives available to assist you in getting your charges dismissed or reduced. If you work with us at Leah Legal, you have a better chance of having your case dropped or having the charges reduced. Call us at 818-484-1100 to speak with one of our knowledgeable criminal defense attorneys in Van Nuys.

When a person fails to exercise the level of care that a reasonably prudent person would use in similar circumstances and has a legal duty to take particular actions or precautions, resulting in harm to another person, it is considered criminal negligence. This type of criminal conduct is a form of recklessness and is often distinguished from other types, like intentional crimes or accidents.

In criminal negligence cases, a person must have a legal duty and not just a moral one. Additionally, criminal negligence is considered a serious crime and can result in significant fines, imprisonment, and other penalties.

Criminal Negligence Under California Law

Legally, criminal negligence is the failure to use ordinary care in circumstances where such failure is likely to result in death or great bodily injury. A conviction is conceivable if prosecutors can prove that:

• The defendant had a legal duty to use ordinary care.
• The defendant failed to use ordinary care.
• The defendant’s failure was a substantial factor in causing the harm.
• The harm caused was death or great bodily injury.

The state can pursue criminal negligence as a misdemeanor or a felony, depending on the circumstances of the case and the resulting harm. If convicted of a misdemeanor, a person can face up to one year in jail and fines, while a felony conviction can result in imprisonment for up to four years and fines.

Recklessness and Criminal Negligence

Recklessness and criminal negligence are legal terms describing a level of carelessness or disregard for the safety of others. However, they are not the same and have slightly different legal definitions.

Recklessness refers to a conscious disregard for the risk of harm to others. In other words, a person who acts recklessly knows his/her actions could cause harm but chooses to proceed anyway. Examples include:

• Driving at high speeds and weaving in and out of traffic.
• Playing with firearms or other weapons in a careless manner.
• Engaging in consensual sexual activity without disclosing a sexually transmitted infection.

Criminal negligence, on the other hand, refers to a failure to exercise reasonable care in a situation, resulting in the harm of another person. A person who acts with criminal negligence could not have intended to cause harm, but his/her actions are still reckless or careless.

Examples of criminally negligent behavior include:

• A property owner failing to fix a broken stairway that leads to someone falling and getting injured.
• A driver, while distracted, runs a red light and hits another vehicle.
• A company that fails to properly train its employees on safety procedures, thus leading to an accident.
• A company that does not properly maintain its equipment, leading to an accident in a work environment.
• A parent who leaves a child unattended in a car on a hot day.
• A nursing home that does not provide enough staff to care for residents properly, leading to neglect or abuse.

In summary, recklessness is a deliberate behavior, whereas criminal negligence is a failure to take appropriate precautions.

How Criminal Negligence Differs From Civil Negligence

Criminal negligence and civil negligence are two separate legal concepts that refer to different types of conduct and have distinct consequences.

Criminal negligence is a failure to exercise the level of care a reasonably prudent person would use in similar circumstances and is considered a form of criminal recklessness. It involves an individual who has a legal obligation to take specific actions or precautions and fails to do so, causing harm to another person. Criminal negligence is punishable under criminal laws and can result in fines, imprisonment, and other penalties.

On the other hand, civil negligence refers to a failure to exercise reasonable care that harms another person. It is a civil wrong that can result in a lawsuit and financial compensation for the victim. However, it does not involve criminal penalties.

Here are a few key differences between criminal negligence and civil negligence:

• Criminal negligence involves a criminal act and could result in criminal penalties like fines and imprisonment. In contrast, civil negligence is a civil wrong and can result in financial compensation to the victim.
• Civil negligence is proven in cases involving personal injury. A plaintiff must prove negligence by a preponderance of the evidence. This means showing that it is more likely than not that the defendant acted negligently. In contrast, criminal negligence is proven in criminal cases, where a prosecutor must prove that the defendant is guilty beyond a reasonable doubt. This is a higher standard than used in a civil trial, meaning that the defendant’s actions were a gross deviation from the standard of care a reasonable person would have taken. Further, the action resulted in specific harm or injury.
• Criminal negligence requires intent or recklessness, while civil negligence only requires a failure to exercise reasonable care.
• Criminal negligence is enforced by the state, while civil negligence is enforced by the individuals or entities that have been wronged.

For the same event, a criminal and civil case can be brought. A criminal conviction does not bar a civil lawsuit and vice versa. Additionally, the facts and circumstances of each case will determine whether criminal or civil negligence applies.

How Criminal Negligence is Related to Intent

Criminal negligence is related to intent because it involves a failure to exercise the level of care a reasonably prudent person would use in similar circumstances. However, it does not require the intent to cause harm. It requires a higher degree of culpability than mere carelessness or inattention.

In contrast, intent refers to a person’s state of mind when committing a crime. It means that the person had the specific intention or purpose of committing the act that resulted in harm. For example, if a person intentionally starts a fire that causes damage or injury, they can be charged with arson, which is an intentional crime.

Therefore, criminal negligence differs from intentional crimes because it does not require the intent to cause harm. It requires a higher degree of culpability than mere carelessness or inattention.

The state could charge criminal negligence in addition to or in conjunction with an intentional crime, depending on the circumstances of the case.

Offenses that Could Potentially Result from Criminal Negligence

Below are examples of some of the crimes you could potentially face prosecution for:

     a) Involuntary Manslaughter

Penal Code 192(b) defines the crime of involuntary manslaughter as the unlawful killing of another person without malice, which can occur in two ways:

• Committing a lawful act that might produce death in an illegal manner and with criminal negligence, or
• Committing a legal action in an unlawful manner or with criminal negligence.

In other words, it refers to the unintentional killing of another person due to criminal negligence or while committing a non-felony criminal act.

You are only guilty of involuntary manslaughter if prosecutors prove that your actions were a substantial factor in causing the victim’s death and that you acted with criminal negligence.

Involuntary manslaughter under Penal Code 192(b) is a felony punishable by 2, 3, or 4 years in prison.

     b) Vehicular Homicide

Vehicular homicide, also known as vehicular manslaughter, involves the death of another person due to the defendant’s negligent or reckless driving.

There are two forms of vehicular homicide:

• Vehicular manslaughter while intoxicated is prosecutable under Penal Code 192(c) — It occurs when the defendant causes the death of another person while driving under the influence of drugs or alcohol or with a blood alcohol concentration of 0.08% or higher.
• Gross vehicular manslaughter while intoxicated per Penal Code 191.5(b) — This occurs when the defendant causes the death of another person while driving under the influence of drugs or alcohol or with a blood alcohol concentration of 0.08% or higher. Further, the defendant’s actions should be so reckless that they create a significant risk of death or great bodily injury.

Both forms of vehicular homicide are considered serious crimes and are punishable by a prison sentence of 2, 4, 6, or 10 years.

     c) Child Endangerment

Penal Code 273(a) defines child abuse or child endangerment as the intentional or reckless infliction of physical injury or the deliberate or careless placing of a child in a situation in which their person or health is likely to be endangered.

It is also defined as the failure to provide care, supervision, or protection for a child, resulting in physical harm or great bodily injury, or allowing a child to be in a situation in which their person or health is likely to be endangered.

It is considered a wobbler offense, which means it can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the prosecutor’s discretion. A conviction for child abuse or child endangerment under Penal Code 273(a) could result in significant fines of up to $10,000, imprisonment of up to 6 years, and other penalties.

Best Defense Strategies in Criminal Negligence

When facing criminal negligence charges, there are several defense strategies a person or entity could use to challenge the prosecution’s case and avoid conviction. These strategies include:

     a) Lack of Duty of Care

One of the defense strategies when facing criminal negligence charges is to argue that the person or entity did not have a legal duty to use a certain level of care. Therefore, the defendant cannot be held liable for criminal negligence.

This strategy can be effective when the person or entity does not have a legal obligation to take specific actions or precautions. Thus, the individual or company cannot be held responsible for any resulting harm.

For example, if a property owner is not aware of a dangerous condition on their property, they could not be held liable for criminal negligence if someone is injured as a result of that condition.

The duty of care can be imposed by law, contract, or voluntarily undertaking a task. A defense attorney must demonstrate that the defendant had no duty of care in their specific situation.

     b) Compliance With Laws and Regulations

Another defense strategy when facing criminal negligence charges is to argue that the person or entity complied with all relevant laws and regulations.

This defense strategy can be effective in situations where the person or entity can demonstrate that they followed all relevant laws, regulations, and industry standards and that the failure to comply did not result in the victim’s harm.

For example, if a construction company can demonstrate that it was in compliance with all safety regulations and that the injuries suffered by a worker were the result of an unforeseeable event, the company could not be held liable for criminal negligence.

Compliance with laws and regulations is not always a guarantee of immunity from criminal negligence charges. The prosecution must prove that the defendant was not in compliance with the laws and regulations and that this non-compliance caused harm. Additionally, laws and ordinances can change over time.

An experienced criminal defense attorney will advise on the specific laws and regulations that apply to the person’s or entity’s situation and how to present the evidence of compliance in the most favorable light.

     c) Reasonable Care

You could assert that you took all reasonable precautions and exercised the level of care that a reasonably prudent person would use in similar circumstances. You must demonstrate that you took all reasonable steps to prevent harm. However, the harm was caused by an unforeseeable event or events.

For example, if a driver can demonstrate that he/she was driving safely and obeying all traffic laws but was involved in an accident due to a sudden mechanical failure, the jury could find the driver is not liable for criminal negligence.

The standard of care is that of a reasonable person, and your defense attorney must demonstrate that your actions were reasonable given the circumstances.

     d) Misunderstanding of the facts

Your attorney could also assert that the prosecution’s case is based on a misunderstanding of the facts and that the prosecutor does not have enough evidence to prove criminal negligence.

This defense strategy is effective when the prosecution misinterprets the facts or does not gather enough evidence to support his/her case.

For example, if the prosecution argues that you were aware of a dangerous condition but failed to take action, your attorney could assert that you were not aware of the condition.

Defense attorneys must present evidence that the prosecution’s case is based on a misunderstanding of the facts and that the prosecutors lack sufficient evidence to prove criminal negligence. Additionally, the defense must conduct an independent investigation to gather evidence supporting their case and refute the prosecution’s evidence.

     e) Your Actions Were an Accident

In some situations, accidents are interpreted as criminal negligence. You must demonstrate to the jury that an unforeseeable event or circumstance caused the harm and that you took all reasonable precautions to prevent it.

For example, if a truck driver is involved in an accident due to a sudden mechanical failure, he could argue that the accident was unforeseeable. Thus, he/she is not liable for criminal negligence.

It is important to note that your attorney must present evidence that an unforeseeable event caused the harm and that the person or entity took all reasonable precautions to prevent it.

     f) Unforeseeable Harm

Another defense strategy when facing criminal negligence charges is asserting that the harm caused was not reasonably foreseeable. Therefore, the person or entity cannot be held liable for criminal negligence.

This defense strategy is effective when you can demonstrate that an unforeseeable event or circumstance caused the harm and that you could not reasonably anticipate.

For example, if a factory owner can demonstrate that an explosion was caused by an unforeseeable event, like an act of sabotage, and that they had no way of preventing it, he/she is not liable for the accident. Thus, his/her actions do not meet the criminal negligence threshold.

It must be clear to the jury that the harm was unforeseeable and that the incident was not preventable. Additionally, even if the injury or loss is unforeseeable, you could still be liable for civil negligence. You could be liable to compensate the victim(s) for the harm.

     g) No Knowledge

You are not liable for criminal negligence when you lack knowledge of the facts or circumstances that led to the harm.

You must demonstrate that you lacked knowledge of the facts or circumstances that caused the victim’s harm and that you took all reasonable precautions to prevent it.

Additionally, having no knowledge of the facts or circumstances that led to the harm is not always a guarantee of immunity from criminal negligence charges. Prosecutors should prove that you failed to meet your legal duty of care.

The specific defense strategy will depend on the facts and circumstances of the case and the laws you allegedly violated.

Contact a Criminal Defense Attorney Near Me

Criminal negligence is a serious crime involving failure to use reasonable care to prevent reasonably foreseeable harm. It is punishable under criminal laws and can result in fines, imprisonment, and other penalties. When facing criminal negligence charges, it is crucial to have an experienced criminal defense attorney to advise on the best defense strategy.

If you or someone you know is facing criminal negligence charges, seek the advice of a qualified criminal defense attorney as soon as possible. A skilled attorney will evaluate the case, advise on the best defense strategy, and help navigate the criminal justice system. Contact Leah Legal at 818-484-1100 if you are facing charges in Van Nuys. We can help you understand your rights and options and work to achieve the best possible outcome for your case.

California assault laws criminalized the willful use of force or threats of violence against another person. If you assault a law enforcement officer, you could be arrested and charged under California Penal Code 241. Police officers are a protected group of individuals in California. Therefore, a crime against them will attract severe legal consequences after a conviction. A PC 241 conviction is a misdemeanor that attracts a jail sentence, fines, and sometimes probation.

Before your conviction, the prosecutor must prove all the elements of crime failure to which you have a chance to fight the charges and avoid a conviction. California laws on assault are complicated. Therefore, you must hire and retain a skilled criminal attorney to navigate the case. Your attorney can help protect your rights and build a defense to avoid the consequences of a criminal conviction. 

What is Assault on a Police Officer?

The safety of peace officers is a priority in California. Therefore, it is illegal to use force or attempt to use violence against a police officer. When you face an arrest for assaulting an officer, the prosecution must prove these elements of the crime beyond a reasonable doubt to obtain a conviction:

You Engaged in an Act that Could Result in the Application of Force

The first element that must be clear when establishing guilt under PC 241 is the attempt to use force. Application of force, in this case, means that you touched the alleged victim offensively. Any slight touch done rudely could suffice as assault. However, you must understand that evidence of your intention to use force or physical injury is not necessary to prove an assault.

Your Actions Were Willful

Your offensive contact with a law enforcement officer is not considered assault if your actions were unintentional. Therefore, the prosecution has the burden to prove that you willfully touched the officer or acted in a way that could result in the application of force against them.

You Had the Present Ability to Apply Force to the Person

You cannot be found guilty of assault unless the prosecutor proves that you had the present ability to use force against the alleged victim. A defendant is considered to have a current ability to apply force if they can push through with their threats towards the victim.

You Knew that the Victim was a Police Officer

The most critical element of Penal Code 241 is proving the alleged victim’s identity. The definition of assault is the same for most assault crimes. However, the fact that your victim is a police officer dictates the nature of your charges. Before your conviction under this statute, the prosecution must prove your knowledge of the victim’s identity. You could face more severe charges and penalties if the police officer performed their lawful duties.

Sentencing and Punishment for Assault on a Police Officer

The prosecution will present physical and circumstantial evidence to support the elements of the crime and obtain a conviction in your case. If you are found guilty under this statute, you risk facing a one-year jail sentence and fines of up to $2,000. Sometimes, the court may sentence you to probation instead of jail.

Probation for Assault on a Police Officer

Probation is an alternative sentencing option the court uses to reduce crowding in jails. Instead of serving your one-year jail sentence for assaulting a law enforcement officer, the court can send you to misdemeanor probation. With this type of sentence, you will spend one to three years in community service.

Probation is not automatic for misdemeanor convictions. Your attorney must negotiate with the prosecution for the sentence. Often, the court will be willing to send you to probation if you are a first-time offender and there are no aggravating factors in Your case. If there is no evidence that you harmed the police officer, you will be sent to probation.

Serving probation allows you to avoid the stigma of spending time in jail. However, if the sentence does not suit your best interests, you can decline it and serve your jail sentence. While on probation, the court may require you to meet the following conditions:

• Pay court fines.
• Participate in group or individual therapy.
• Complete treatment programs like anger management.
• Participate in community service.
• Abstain from alcohol or drug use while on probation.
• Submit to random drug testing.
• Avoid engaging in criminal conduct.

If you violate any of these probation conditions, you could be arrested and charged with probation violation. At the probation violation hearing, the court determines whether or not you violated one of the terms. If you are found to have violated probation conditions. The court may impose more severe conditions or revoke the probation. A revocation of your probation would take you back to jail to serve the original or maximum sentence for your conviction.

Defenses Against California Penal Code 241(c) Charges

Assault on its own is a severe crime. Facing an arrest and criminal charges for assaulting a police officer is much more severe and will attract severe legal and collateral consequences. Therefore, you must be aggressive to fight the charges and avoid a conviction. The following are common defenses you can use against your charges:

No Willful Intent

You will only be found guilty of assaulting a police officer if the prosecutor can prove that you acted willfully. A willful action is something that you do intentionally. You can avoid a conviction by arguing that your contact with the officer was accidental. For example, if you interact with an officer and mistakenly touch them, your actions could be interpreted as an assault.

Self-Defense

In California, you have a right to defend yourself against physical attacks. This right applies even when the person attacking you is a police officer. For most assault cases, you can argue that you acted in self-defense. Self-defense is applicable in your case under the following conditions:

• You reasonably believed that you were in danger of severe bodily injury.
• You believed that the immediate use of force was necessary to defend yourself from harm.
• You only used reasonable force required to protect yourself and not harm the police officer.

When proving that your assault charges are based on an act of self-defense, you can file a pitchess motion. A pitchess motion is a request to inspect a police officer’s file for evidence of misconduct. The following are types of police records that are open to the public:

• A law enforcement officer uses force that results in the death or severe injury to another person.
• An officer committed sexual assault.
• A police officer shoots a gun at another person.
• An officer commits a dishonest act, such as filing false reports and perjury.

This fact can support your self-defense theory if there is a documented history of the officer’s misconduct.

The Alleged Victim was not a Police Officer

California Penal Code 241 seeks to prosecute individuals who assault law enforcement officers. While the definition is similar to simple assault, the victim’s identity worsens your situation. Therefore, you can fight your charges by arguing that the alleged victim was not a police officer or protected class member. Although this defense will not allow you to walk free, you will face the penalties for simple assault, which is a lesser offense.

Insufficient Evidence

In California, assault is an unlawful attempt coupled with the ability to commit a violent offense against another person. Before you face a conviction, the prosecution must prove all the elements of the crime beyond a reasonable doubt. The prosecutor established these elements by presenting both physical and circumstantial evidence. If one of the elements is not cleared or you cast reasonable doubt on the prosecutor’s case, you can argue a lack of insufficient evidence as your defense.

Violation of your Constitutional Rights

Even if you are suspected of committing a crime in California, you have constitutional rights that must be respected during the arrest, investigation, and prosecution. Unfortunately, some law enforcement officers ignore the rights by engaging in the following violations:

• Failure to read your Miranda rights. After a formal arrest, the police officer must read your rights which informs you of the right to remain silent and the right to obtain legal representation.
• Coerced confessions. Sometimes, the police officers may threaten you or your family members to force you into confessing to a crime you did not commit. If this is a factor in your case, you can claim a violation of your rights.
• Excessive use of force. Unless you resist arrest or threaten an officer’s safety, law enforcement must use only the necessary force to arrest you. Excessive force violates your right to be free from unreasonable searches.

If you can prove that any of these violations occurred during your investigation, you can file a motion to dismiss the evidence collected.

False Allegations

Evidence of physical violence or injuries is not necessary to prove that you assaulted another person. Therefore, it is not uncommon to fall victim to false allegations. For example, if you shout at a police officer, they can exaggerate the situation and accuse you of assault. With the guidance of a skilled criminal attorney, you can uncover the false allegations scheme and avoid the consequences of a conviction.

Mental Health Instability

Suffering from a mental disability does not exempt you from criminal responsibility. However, your criminal defense attorney can argue that you did not understand the nature and consequences of your actions toward the police officer. The court will carry out a thorough investigation to determine your mental state and confirm your claims. If you are found guilty of your charges and have a mental disability, the court can explore alternative sentencing and incorporate programs that help you with your mental health. 

Expunging a Penal Code 241 Conviction

The consequences of a conviction for assaulting a police officer can affect your life long after serving your jail sentence and paying the fines. The collateral consequences may include difficulty obtaining employment and suspension of a professional license. Fortunately, there are ways through which you can avoid the disabilities associated with your conviction.

California Penal Code 1203.4 is a post-conviction relief that can release you from the penalties of your PC 241 conviction. You are eligible for expunging your record if you meet the following criteria:

• You have completed your probation. The court can sentence you to misdemeanor probation instead of jail for assaulting a law enforcement officer. Before petitioning the court for an expungement relief, you must have completed your probation term and followed through with probation conditions.
• You are not facing charges or serving a sentence for another crime.

Expressing your conviction will involve the following steps:

• Fill out the paperwork. With your criminal lawyer’s guidance, you must complete the paperwork to expunge your record. This can include indicating all information about your arrest and completion of probation.
• File for expungement. When you complete the paperwork, you will submit the petition to the court and await a response.
• Attend an expungement hearing. At the expungement hearing, the prosecution can dispute your petition by presenting counter-evidence why you don’t deserve the relief. The court can grant an expungement relief if you can hold down a job and have no additional convictions. You can review your application and reapply if the court denies your petition.

After a successful expungement of your PC 241 conviction, an employer cannot use the conviction to discriminate against you. Additionally, it will be easier to obtain a professional license. However, you must understand that an expungement does not erase the conviction on your record.

Plea Deals for Penal Code 241

A plea deal is an agreement between the criminal defendant and the prosecution where you plead guilty to a lesser offense in exchange for the dismissal of your underlying offense. Several plea options are available for defendants facing charges of assault on a police officer.

Depending on the facts of your case and the possibility of a conviction, a skilled criminal attorney will advise you on whether to accept a plea deal. Mostly, the prosecution will agree to sentence you for a reduced charge when their assault case against you is not strong, or they lack sufficient evidence to prove all the elements beyond a reasonable doubt.

A prosecutor could agree to dismiss your PC 241 charges if you plead guilty to the following:

Disturbing Peace

Under California Penal Code 415, disturbing peace involves acts like fighting in public, playing loud music, or using offensive language. If you fight in public and a police officer attempts to separate you, touching the officer offensively will attract assault charges. However, the prosecution could lack sufficient evidence to prove your actions were willful. In this case, you can negotiate with the prosecution to reduce your assault charge to disturbing peace.

The maximum sentence for disturbing the peace in California is 90 days in county jail and $400 in fines. This sentence is significantly lower than the one year in jail and $2,000 fines you will suffer for assaulting a police officer. Additionally, a PC 415 conviction may not affect your ability to obtain employment or a state license. Prosecutors are reluctant to reduce your charges. Therefore, having a skilled attorney to help you negotiate the deal is critical.

Misdemeanor Trespass

California PC 692 defines trespass as entering or remaining on another person’s property without permission. The most common acts prohibited under this statute include:

• Entering someone’s property with the intent to cause damage.
• Entering a building to interfere with business activities.
• Failure to leave private property after the owner asks you to do so.
• Occupying property without the owner’s consent.

If you have an altercation with a law enforcement officer while you attempted to trespass, you can negotiate a deal where you plead guilty to trespass, and your assault charge is dismissed. A conviction for misdemeanor trespass attracts a six months jail sentence and a fine that does not exceed $1,000.

Rioting

You can be charged with rioting if you willfully engage in a public riot. A riot involves two or more people disturbing public peace or threatening violence without legal authority. If you engage in conduct that could result in applying force against a law enforcement officer while rioting, the prosecution can reduce your assault charge to Penal Code 404. A conviction for rioting attracts a six months jail sentence and a $1,000 fine.

Find a Competent Criminal Lawyer Near Me.

Under California Penal Code 241, assault of a police officer involves an unlawful attempt with the present ability to inflict force or violence against a police officer. Assault can potentially cause serious bodily injury or death, making it a serious offense in California. When you couple this with assaulting a police officer, you will be looking at jail time and high fines. In addition to spending time in jail, a conviction for assaulting a law enforcement officer attracts severe collateral consequences.  

Fortunately, not all arrests under this statute will result in a conviction. With the guidance of a skilled attorney, you can fight to have your charges reduced or dismissed. At Leah Legal, we offer expert legal advice to all our clients battling Penal Code charges in Van Nuys, CA. Call us today at 818-484-1100 to discuss the details of your case.

Drunk driving is a severe offense under California law. A conviction for drunk driving crimes attracts severe legal penalties and life-changing collateral consequences. In addition to spending time behind bars, having a DUI conviction on your record will impact your ability to obtain employment and professional licenses. This will have a significant impact on your livelihood.

Fortunately, there are several ways through which you can legally avoid the disabilities associated with your conviction. Expunging a criminal record is one of the most common forms of post-conviction relief, and it involves a change of your “guilty” verdict to “not guilty.” By filing a petition and attending your expungement hearing, you can convince the court to eliminate your liability toward the conviction. 

After an expungement, employers, landlords, and licensing bodies cannot use the conviction against you. The laws around record expungement are complicated. Therefore, having competent legal guidance is critical.

Expunging a Drunk Driving Record in California

An expungement is a post-conviction relief that allows you to avoid the collateral consequences of a DUI conviction. Expunging the conviction involves foiling a petition in court and waiting for the court’s decisions. If the court finds it necessary, they will set aside the sentence.

Often, you can petition the court to expunge your DUI conviction if you meet the following criteria:

• You Have Completed your Probation

A probation sentence may be part of the legal penalties for your DUII conviction. In California, probation is an alternative to jail or prison time. Before you receive an expungement of your record, you must have completed your probation successfully. Successful completion of probation means that you have served the probation period.

DUI probation lasts three to five years, depending on the time you have served behind bars. Additionally, you must have followed through with all the probation conditions. Courts impose strict penalties that individuals who receive a state probation sentence must follow throughout the probation period. Probation conditions vary depending on your case circumstances.

• You did not Serve Time in State Prison

Different offenses fall under drunk driving laws. You can be convicted of a felony or misdemeanor drunk driving offense depending on the circumstances of your case and criminal history. For example, a simple first DUI offense is punishable by six months in jail. On the other hand, a conviction for DUI causing injury will attract a state prison sentence.

You must not have served time in prison when filing for an expungement. If you were sent to state prison, it should be for an offense punishable by jail time.

• You are not Facing Criminal Charges

You can only expunge a DUI conviction if you are not currently facing charges for another offense. Additionally, you must not be serving a jail sentence or probation for a different crime.

Early Probation Termination for DUI Expungement

The court will sentence you to misdemeanor probation for a typical DUI conviction. A requirement for an expungement relief in California is probation completion. You can petition the court for early termination if you have not completed your probation. After filing a petition under PC 1203.3, your attorney must convince the prosecution why you deserve the early termination.

The court has the discretion to terminate your probation at any time. However, you must have served at least one year of misdemeanor probation and eighteen months of felony probation. Before terminating your probation, the judge will consider your overall conduct on probation and the prosecution’s opinion. Additionally, your probation may be terminated if it gives you hardships.

DUI Expungement Process

Before you begin filing an expungement for your DUI record, you will need to gather documents and information about the offense and conviction you seek to expunge. You will follow this process for your expungement:

Hire a Lawyer

Expunging a DUI criminal record in California is complicated and time-consuming. There are many opportunities for an error, and some mistakes will result in denying your petition. Therefore, it is vital to have a skilled criminal lawyer who understands the process and can help you do it right on the first try.

File the Expungement Petition

When all the correct forms are filled, you can file your expungement petition with the court where the DUI conviction occurred. Depending on the court policies, you can mail or deliver the petition. After filing the petition, you must allow up to fifteen days for the prosecution to review your petition and decide on an objection. Therefore, the timely filing of your petition is critical.

Prepare and Attend your Expungement Hearing

Appearance for an expungement hearing is not mandatory for all cases. Your criminal lawyer will help you prepare. If the prosecution objects to the expungement, the court gives them a chance to provide reasons and evidence why they do not deserve the expungement.

Since there is no jury at an expungement hearing, the judge may consider the following factors when deciding on your petition:

• Your ability to hold a job. Often, a requirement to obtain and retain employment is attached to most release forms, including probation and parole. Therefore, the court will accept your petition if you have a stable job.
• Your criminal history. You have a high chance of receiving an expungement if you do not have additional convictions on your record.
• Whether or not you have completed your community service. You must have served your community service sentence before receiving an expungement of your record.

Depending on your eligibility for the expungement and filing the proper documents, the court can deny or grant the petition to expunge your DUI conviction.

Refile the Petition

If the judge grants your petition, your attorney can help you seal the case to protect it from the public. However, if the judge denies your DUI expungement petition, you can recheck your documents and correct the mistakes before filing another petition in six months. 

Common reasons why the court can deny your expungement petition include the following:

• You do not meet the eligibility criteria. The most common reason the judge may deny your expungement petition is that you do not meet the requirements. This could include incomplete probation, probation violation, or you have served a state prison sentence. Before refiling the petition, you must meet the criteria if the reason is correctable.
• Errors in your petition. Before submitting an expungement petition to the court, you must ensure that all the necessary information is filed correctly. This includes the inflation on your arrest, conviction, and probation reports. Incorrect or missing information can be a basis for a petition denial.
• Probation violations. The court could deny your expungement if you violated a serious probation term.
• Outstanding restitution and fines. The court may sentence you to penalties and victim restitution for a DUI conviction. Failure to meet these requirements can cause the expungement to be denied.

Difference Between Expunging and Sealing Your DUI Record

Many people need help understanding the difference between expungement and sealing a record. According to Senate Bill 1203.4, sealing a record is an entirely different process from expunging a conviction. Sealing a record involves destroying the record and removing it from public access.

Unlike an expungement, where the conviction remains on record but cannot be used, a sealed arrest record is only accessible by the court and law enforcement. You may be eligible for a record sealing under the following circumstances:

• You were arrested, but the prosecutor did not file criminal charges against you.
• The court dismissed the charges before trial.
• The jury found you not guilty after trial.
• Your conviction was dismissed or overturned.
• You completed a diversion program or a different entry of judgment.

You can also seal a juvenile record for the same benefits as an adult criminal record. You can seal the juvenile record if:

• You are an adult, and the juvenile court released you at least five years before filing for record sealing.
• You have not been convicted of a moral turpitude crime as an adult. Crimes of moral turpitude involve immoral or dishonest behavior.
• There are no pending litigations based on your juvenile convictions.

A sealed conviction offers more benefits than expunging a criminal conviction. You can truthfully answer when asked about DUI arrests. Additionally, a sealed DUI arrest does not count as a prior if you are arrested for drunk driving in the future.

Fill out the Necessary Paperwork

Before beginning the expungement process, you must fill out different documents using your obtained information. If you have completed your probation, you can complete the petition to dismiss the misdemeanor. In cases where you have not completed your probation and seek an expungement, you can petition the court for an early probation termination.

If you wish to expunge a felony DUI conviction, you must file a petition under Penal Code 17(b)(3) to have the felony reduced to a misdemeanor before you proceed with a request for expungement. The forms you fill out are separate for each offense you want to expunge.

Benefits of Expunging Your Drunk Driving Conviction

Expungement is one of the most common ways to seek relief from the disabilities of your drunk driving conviction. You will enjoy the following benefits after a successful DUI expungement:

1. Ease finding employment. A DUI conviction is a public record. Therefore, employers can find the conviction during a routine background check and use it to deny you employment opportunities. This is because drunk driving is reckless behavior, and the employer will not trust you to make safe decisions for others. However, if you expunge the conviction, the employers have no right to use it against you.
2. Ease finding a place to live. Landlords check your criminal record before entering a tenancy agreement. If you expunge your DUI conviction, the conviction will not be used to deny you residency.
3. Eligibility for a state license. If you are in a profession where a practice license is necessary, including doctors, lawyers, pharmacists, and nurses, a DUI conviction is detrimental to your career. When the licensing body receives notice of your conviction, they may seek to suspend or revoke your license. Additionally, having a DUI on your record makes it challenging to apply for you to obtain a new license. If the court grants you an expungement, you will be eligible for the license and public employment.
4. You can act as a witness. When you face a criminal conviction in California, it won’t be easy to act as a reliable witness in another court case. The other side of the case can often attack your credibility based on the conviction. An expunged DUI conviction cannot be used to impeach your credibility.
5. Personal satisfaction. Most people are not comfortable with having a DUI conviction on their record. The conviction will affect how people view you and how you relate with others. Expunging your conviction will give you a sense of relief and redemption from your past mistakes.

What Will a DUI Expungement not do for You?

Expunging your DUI offers numerous benefits. However, you must understand that this type of relief will not serve the following purposes:

Overturn your Driver’s License Suspension

Loss of your driver’s license is a severe consequence of a DUI conviction. After your conviction, you can suffer a revocation or suspension by the DMV or the court. Depending on the nature of your charges and your criminal history, a driver’s license suspension ranges from six months to five years.

If you are arrested and convicted of commercial DUI, you may lose your commercial driver’s license privileges for a lifetime. While expungement eliminates most disabilities of your DUI conviction, your license suspension will not be overturned. You must serve the entire suspension period or obtain a restricted license to continue operating in specific areas.

Decrease in Auto Insurance Rates

Your motor vehicle insurance provider will not take an arrest and conviction for DUI lightly. Often, driving while intoxicated is evidence of our reckless conduct. For this reason, the insurance company may require you to pay more for your insurance coverage or terminate your policy. Expunging your DUI conviction will not help decrease your rates. 

Disclosure in Military Service

After expunging your DUI conviction, you are not obliged to mention the conviction to potential employers. Even when the employer finds the record, they cannot legally use it against you. However, you must disclose an expunged conviction when joining the military or law enforcement.

While you can still join the military with the expunged record, you may undergo more scrutiny than a person with a clean record. Failure to disclose a conviction when joining the military can result in a discharge.

Future Arrests

In California, drunk driving is a priorable offense. Therefore, having a DUI or wet recklessness on your record will increase the severity of your charges. The incarceration time, fines, and license suspension period are more for a second, third, and subsequent DUI offense. Expunging a DUI conviction will not bar the court from using the conviction as a prior in future DUI arrests and charges.

Can I Expunge a DUI After Probation Violation?

Completing probation is a significant part of obtaining an expungement for your DUI conviction. Therefore, if you violated your probation. There is a high chance of expungement petition denial. Typical forms of DUI probation violation include:

• Facing criminal charges while on probation.
• You served a prison sentence.
• You tested positive for alcohol or drugs.
• Failure to pay court fines and restitution.
• Failure to install an ignition interlock device on your vehicle.

The court will schedule a hearing to determine your case after a probation violation. The following factors may affect the judge’s decision to expunge your record after a probation violation:

• Your overall performance on probation. This may include your ability to follow through with other probation terms.
• The severity of your violation. Probation terms vary in severity. For example, violating probation through committing another crime does not carry the same weight as testing positive for alcohol. More severe violations will compel the judge to deny your expungement.
• Your criminal record. If you are a repeat offender or you have multiple DUI convictions on your record, the judge will use probation violation to deny your PC 1203.4 petition.
• Any positive evidence which shows that you deserve post-conviction relief. 

Find a Competent Van Nuys Criminal Defense Lawyer Near Me

A DUI conviction has some of the most severe and life-changing consequences. After you have served your jail sentence and paid your fines, the conviction remains in your record, where it is accessible to potential employers and others who have an interest in your criminal history. You can avoid discrimination based on your DUI conviction by filing a petition to expunge it under California Penal Code 1203.4. 

An expungement process begins by checking for eligibility and filing a petition in court where you were convicted. Although an expunged record still appears on your record, it carries less weight. If you want to be free of the disabilities of your conviction, seeking expungement is one of the easiest ways to obtain relief.

However, expunging a DUI conviction is a lengthy process that requires numerous paperwork and court appearances. Therefore, seeking the expert guidance of a criminal lawyer is essential. At Leah Legal, we offer competent legal advice and representation to all our clients undergoing the expungement process in Van Nuys, CA. Call us today at 818-484-1100 to discuss the details of your case.

Theft of credit card information occurs when there is an unauthorized acquisition and use of another person’s credit card information for fraudulent purposes. Most offenders obtain the card number, expiration date, and security code and use it for fraudulent means, including making unauthorized purchases or acquiring cash advances. Theft of credit card information occurs through various means, including skimming devices, data breaches, phishing scams, and physical theft of the card itself.

Theft of Credit Card Information Under California Law

Penal Code 484e deals with the unauthorized use of personal identifying information. This code makes it illegal to use another person’s personal identifying information, for example, their name, address, or credit card number, to commit fraud. 

Criminal Acts Under Penal Code 484e

PC 484e covers a variety of criminal acts related to the unauthorized use of another person’s personal identifying information. Some examples of the actions covered under this code section include:

• Using someone else’s credit card information to make unauthorized purchases
• Stealing someone’s identity and using it to open bank accounts or obtain loans
• Impersonating another person online or over the phone to steal their personal information
• Selling another person’s personal identifying information to others for illegal purposes

The specific circumstances of each case will determine if it falls under the provisions of PC 484e. Additionally, it is worth noting that PC 484e specifically applies only to the unauthorized use of personal identifying information and does not cover other types of identity theft or fraud.

Elements Prosecutors Must Prove in a Penal Code 484e Violation Case

Prosecutors must prove several elements beyond a reasonable doubt to secure a conviction. These elements are:

• Use of personal identifying information — The defendant must have used another person’s personal information. The state should furnish the court with evidence linking the defendant with obtaining the victim’s name, credit card number, or Social Security number.
• Without authorization — The defendant must have used the personal identifying information without the victim’s permission.
• With the intent to defraud or deceive — The defendant must have used the personal identifying information to defraud or deceive someone. The state makes its case by demonstrating to the jury how the defendant made authorized purchases or opened bank accounts in the victim’s name.
• Resulting in harm — The defendant’s use of the personal identifying information must have resulted in harm or injury to the victim. For example, the defendant’s actions should have led to unauthorized charges on the victim’s credit card or a damaged credit score.

The jury will convict if the prosecutor proves these elements beyond a reasonable doubt. The exact penalty will depend on the circumstances of the case and the defendant’s criminal history.

Most Common Legal Defense Strategies

Several legal defense strategies can be used in cases involving the theft of credit card information. The ideal pick depends on the case’s specific circumstances. Some of the most common defense strategies include:

     a) Lack of Intent

If you did not have the intent to defraud or deceive someone, you cannot be convicted of violating Penal Code 484e. This defense applies if you accidentally use someone else’s personal identifying information without realizing the consequences.

The lack of intent defense argues that you did not have the intent to defraud or deceive someone when you used another person’s personal identifying information. This is a critical element of the crime, and if the prosecution cannot prove that you had the intent to defraud or deceive, they cannot secure a conviction.

For example, if the defendant used a friend’s credit card information to purchase a product without realizing that it was illegal. They could argue that they did not intend to defraud or deceive. In this scenario, the defendant could not have known that his/her actions were illegal or in violation of Penal Code 484e.

Keep in mind that the lack of intent defense must be supported by evidence. It is not always successful in getting the charges dropped or reduced. An experienced criminal defense attorney can help evaluate this defense’s strength and advise if it is the best legal strategy.

     b) Authorized Use

In some situations, you have permission to use the credit card. If so, you do not isolate PC 484e.

The authorized use defense asserts that you had permission to use the personal identifying information. If you can show that your accuser permitted you to use the credit card information, the prosecution will have failed to prove your guilt beyond a reasonable doubt.

For example, if you used a family member’s credit card with their permission, you had the owner’s permission. Thus, you are not violating PC 484e, even if you used the card to make unauthorized purchases.

To successfully use the authorized use defense, you must provide evidence of the permission. You could submit emails or text messages permitting you to use the credit card. With the help of an experienced criminal defense attorney, you can gather and present this evidence to the court.

Note: Even with permission, a defendant could still be responsible for the unauthorized charges if he/she exceeded the terms of the approval. In these cases, the defendant could face civil liability. However, the defendant would not face criminal charges.

     c) No Credit Card

A no credit card defense points to a situation where a defendant did not possess the credit card as claimed by the victim.

For example, if the defendant used someone else’s credit card information to make purchases online. However, he/she never physically had the card in his/her possession.

However, this defense may only be successful in some cases. PC 484e covers the unauthorized use of personal identifying information, not just credit card information. So even if the defendant did not have the credit card physically in their possession, if they used the information to defraud or deceive someone, he/she can still be charged under PC 484e.

The success of the no credit card defense depends on the specific circumstances of the case and the interpretation of the law by the court.

     d) Mistaken Identity

Your accuser could mistake you for the actual perpetrator. In this case, asserting mistaken identity as a defense is applicable. You will have to show that they did not use the personal identifying information on the card.

For example, if someone else used the defendant’s computer or phone to commit the crime, the defendant could raise this defense.

You should provide evidence that another individual used personal identifying information. This requires providing witness statements, computer or phone records, or other physical evidence.

The aim here is to create a reasonable doubt. If this defense is successful, the court will drop the charges.

However, it is worth noting that proving mistaken identity can be challenging and requires a thorough investigation of the facts and evidence.

     e) Insufficient Evidence

The court will dismiss your charges if the state lacks sufficient evidence to secure a conviction.

Asserting that the prosecution lacks sufficient evidence to convict suggests that prosecutors do not have adequate evidence to prove all of the elements of the crime beyond a reasonable doubt. This means that the prosecution must prove that you used someone else’s personal identifying information without authorization, with the intent to defraud or deceive, and that this resulted in harm or injury to the victim.

If the prosecution’s evidence is not strong enough to meet this standard, through your attorney, you can argue that there is insufficient evidence to support a conviction.

For example, if the prosecution does not have sufficient evidence to prove that you intended to defraud or deceive, or if the evidence linking the defendant to the crime is circumstantial, you can raise this defense.

It is worth pointing out that this defense is not a guarantee of acquittal. However, it can help to cast doubt on the prosecution’s case and increase the chances of a favorable outcome for the defendant.

Can Claiming Necessity be an Appropriate Defense?

The necessity defense is a legal defense applicable in some cases. Defense attorneys argue necessity when they seek to excuse an otherwise criminal behavior. Attorneys will assert that the defendant committed the crime because it was necessary to prevent more significant harm, such as in the case of an emergency.

In most cases, the necessity defense is unlikely to be successful. This is because using another person’s personal identifying information without their permission, even in an emergency, is still considered a criminal act under Penal Code 484e.

However, should you opt for this defense, you must show that you had no other legal options available. Further, the harm you sought to prevent was more significant than the harm caused by stealing or using credit card information. By doing so, you increase the chances of a favorable outcome.

It would be challenging to make this argument, as the unauthorized use of personal identifying information is considered a grave offense that can result in significant harm to the victim. However, remember that each case is unique, and the specific defense strategies will depend on the circumstances.

Penalties Under Penal Code 484e

Penalties for violating PC 484e vary depending on the circumstances of the case and the defendant’s criminal history.

A first-time violation of Penal Code 484e is generally considered a wobbler. You can either face misdemeanor or felony charges.

If charged as a misdemeanor, you can face up to one year in county jail and a fine of up to $1,000. If charged as a felony, you risk facing up to three years in prison and a fine of up to $10,000.

Repeat offenders or those who use personal identifying information to commit more serious crimes, like identity theft or fraud, could face more severe penalties, including longer prison sentences and higher fines.

Note: A conviction under Penal Code 484e can also result in other consequences, like a damaged credit score, difficulty obtaining credit in the future, and a criminal record. All these consequences make it more difficult to find employment or housing.

Related Crimes

Prosecutors could opt to charge you with additional crimes alongside PC 484e violations. In other situations, they could drop the crest card information theft charges and pursue any of the following crimes. Before deciding what charges you should face, prosecutors consider your criminal past and the circumstances of the case.  

     a) Fraudulent Use of a Credit Card – A Violation of PC 484g

Penal Code 484g makes it illegal to use a credit card with the intent to defraud or deceive someone.

Under Penal Code 484g, it is illegal to use a credit card that does not belong to you or to use someone else’s credit card information without their permission, with the intent to make purchases or obtain cash or goods. The law applies to physical credit cards and information acquired electronically.

To secure a conviction, prosecutors must prove the following elements beyond a reasonable doubt:

• The defendant used a credit card.
• The credit card did not belong to the defendant.
• The defendant used the credit card to defraud or deceive someone.
• The defendant knew that the credit card was not theirs or that they were not authorized to use it.

A defendant could be convicted under PC 484g even if they did not benefit financially from the fraudulent credit card use. The critical factor is that the defendant used the credit card with the intent to defraud or deceive someone.

In some cases, the prosecution could also need to prove that the defendant made a purchase or obtained cash or goods using a credit card. This will depend on the specific facts of the case and the language of the charging document.

Penalties for a PC 484g Violation

Penalties for violating Penal Code 484g vary depending on the circumstances of the case and the defendant’s criminal history.

A first-time violation is generally charged as a wobbler. This means you could face misdemeanor or felony penalties.

If charged with a misdemeanor, you risk facing up to one year in county jail and a fine of up to $1,000. If charged with committing a felony, you could face up to three years in prison and a fine of up to $10,000.

     b) Publishing Credit Card Information – A PC 484j Violation

It is an offense under  Penal Code 484j to publish or otherwise distribute someone else’s credit card information without his/her permission.

Under Penal Code 484j, publishing or distributing someone else’s credit card information is illegal. Sharing details, including the credit card number, expiration date, and security code, with the intent to defraud or deceive someone will result in criminal charges. This includes posting the information online, sending it through email or text, or selling it to others.

Penalties for a PC 484j Violation

Penal Code 484j violations are wobblers. Prosecutors can pursue misdemeanor or felony charges.

Should you face misdemeanor charges and the jury finds you guilty, you could face up to one year in jail and pay a fine of up to $1,000. Subsequently, if convicted on felony charges, the penalties increase to three years in prison and a fine of up to $10,000.

     c) Petty Theft – PC 484 and 488

Penal Code 484 and Penal Code 488 make it illegal to steal property valued at $950 or less. This crime is often referred to as petty theft.

Under Penal Code 484 PC, it is illegal to take someone else’s property without their permission and with the intent to deprive them of the property permanently. This can include taking someone else’s property directly, like picking someone’s pocket or stealing their wallet. Indirect methods of stealing, for example, embezzlement or fraud, also count as actions that would result in charges under PC 484.

Penal Code 488 makes taking another person’s property valued at $950 or less. This crime is sometimes referred to as petty theft by larceny.

Penalties Under PC 484

Penalties for violating PC 484 and PC 488 vary depending on the circumstances of the case and the defendant’s criminal history.

 A first-time violation of either law is generally charged as a misdemeanor. Convictions result in up to six months in county jail and a fine of up to $1,000.

 Like the theft of credit card information, a conviction for the above-mentioned related offenses also poses significant and life-changing consequences if convicted. You risk adding new charges to your criminal record. A criminal record directly impacts your ability to secure housing, employment, credit, and favorable insurance rates.

Additionally, if you have prior theft convictions, the charges for a new petty theft offense can be elevated to a felony. Thus, resulting in up to three years in prison. You, therefore, need the assistance of a reputable and experienced criminal defense attorney.

 Find an Experienced Van Nuys Criminal Defense Attorney Near Me

 If you are facing prosecution for a Penal Code 484e violation in Van Nuys, it is best to take immediate action and protect your rights. An experienced criminal defense attorney can help you navigate the legal process and defend yourself against the charges. At Leah Legal, our record speaks for itself. We have assisted and represented numerous clients charged with various offenses, including theft of credit card information, secure favorable outcomes. Contact us today at 818-484-1100 for a case assessment.

California law makes it a crime to evade or attempt to flee from a police officer who is actively pursuing you. While evading a law enforcement officer will always attract a criminal charge, you will be charged with a more serious crime if your act involves reckless driving and endangering the safety of others. California Vehicle Code 2800.2 on felony evading attracts severe and life-changing consequences.

However, before you face a conviction under this statute, the prosecution must prove that you fled from an officer. Additionally, it must be clear that you operated a vehicle with wanton disregard for the safety of others.

If you have been charged with felony evading an officer, you must speak with an experienced criminal lawyer. Your attorney will protect your rights and help you build a solid defense against your charges.

An Overview of California Vehicle Code 2800.2

There are many reasons why drivers evade police officers, including avoiding an arrest for a crime, avoiding a speeding ticket, or being in a hurry. If you fail to obey an officer’s order to stop your vehicle, you can be arrested and charged with evading. How you drive your car while fleeing from the officer will dictate the type of charges that the prosecution will bring against you.

If you are charged with felony evading an officer, the prosecution must establish the following elements of the crime beyond a reasonable doubt:

     1. A Police Officer was Pursuing you

The first element that must be clear during your trial for violating VC 2800.2 is that the officer was actively pursuing you. You can only flee when an officer is pursuing you in a police vehicle or motorcycle. Additionally, you must be in a motor vehicle during the incident. Running away from a police officer on foot or on a bicycle does not constitute evading.

     2. You Willfully Evaded the Police officer

You are only guilty of felony evading an officer if you intentionally speed away to avoid capture by the officer. Police officers stop you for various reasons. However, if you did not notice the officer’s attempts to get to you or stop your vehicle, there would be no evidence to prove that your actions were willful.

     3. The Officer was Marked Distinctively

You are not obliged to stop your vehicle when a civilian flags you down. Therefore, you will be guilty of evading if there is sufficient evidence to ascertain that the officer was marked through the following:

• The officer’s vehicle had at least one red light lamp visible during the incident.
• You saw or should have seen the light.
• The vehicle was sounding an alarm while the officer pursued you.
• The officer’s car had another distinctive marking beside the siren. This could include flashing lights, a seal, or the name of the police department they represent.
• The officer wore a distinctive uniform. The police uniform has many components. However, during the prosecution of this offense, the officer doesn’t need to have a complete uniform. A single visible part of the uniform is enough to identify the officer.

     4. You Drove a Vehicle with Wanton Disregard for Safety

The most critical element of felony evading an officer is how you operate your vehicle while fleeing. Your actions disregard the safety of other people and property if:

• You knew or should have known that your actions presented a significant risk to people and property. The court compares your conduct with that of a reasonable person to show your recklessness.
• You ignored the risk. Knowing that your actions can cause injury to another person and continue acting the same makes your conduct particularly serious.

If you commit up to three traffic violations while fleeing from a police officer, you can be charged with felony evading. This will be the case regardless of whether or not you pose a risk to others. You must understand that evading an officer while under drug or alcohol influence may not be enough to attract a conviction for felony evading.

Penalties for Felony Evading a Police Officer

If the prosecution can establish all the elements of reckless evading, you can be found guilty and convicted. Regardless of its name, a violation of Vehicle Code 2800.2 is a wobbler. A wobbler is a crime that can be charged as a felony or as a misdemeanor. The following factors may dictate the nature of your charges:

• Your criminal history. If you’re a repeat offender with a history of committing crimes against law enforcement officers, the slightest evidence of reckless behavior could prompt the prosecution to file felony charges against you. Being a repeat offender indicates your unwillingness to learn from your mistakes and be rehabilitated.
• Specific circumstances of your case. When you evade a police officer and drive your vehicle recklessly, the level of danger you pose to others can dictate the nature of your charge. In cases where you cause property damage or an injury to someone else, the prosecution can file felony charges.
• Your eligibility for probation. If you are eligible for a probation sentence instead of incarceration, the prosecution may be prompted to file misdemeanor charges under VC 2800.2.
• The strength of the prosecutor’s case. When the prosecution does not have strong evidence to support the charges they bring against you, they have a better chance of securing a misdemeanor conviction. Therefore, recharges are reserved when there is evidence to support the elements of the crime.

As a felony, evading a police officer is punishable by a prison sentence of sixteen months, two or three years. The court may also impose fines of up to $10,000.

Felony Probation for Evading a Police Officer

There are three sentencing options for a felony conviction in California:

• Prison time,
• Fines, and
• Probation.

Mostly, probation is an alternative to incarceration. If probation is part of your sentence, you will serve part of your sentence as a supervised community service sentence. Felony probation lasts for three to five years, depending on the specific facts of your case.

The court attaches strict conditions that you must follow while serving your probation, which include:

• Suspension of your driving privileges
• You must not engage in criminal activity while on probation
• Undergo drug and alcohol treatment
• Court-ordered mental health counseling 
• Attend a driver retraining program.

You must follow all probation conditions, failure to which you will face the harsh consequences of a probation violation.

Legal Defenses Against VC 2800.2 Charges

A conviction for reckless evading of an officer attracts severe legal and collateral consequences, especially when charged as a felony. Therefore, you should be aggressive in fighting the charges. The first step in building a successful defense is hiring and retaining a knowledgeable attorney. Your lawyer will help protect you from forced confessions, harassment, and police misconduct throughout your arrest and interrogation.

There are many strategies and approaches that you can take in your case. The best possible outcome of your case is a dismissal of your charges or walking away with a not-guilty verdict. However, if the prosecution has a strong case, you can work to negotiate a plea for a lesser offense like California Vehicle Code 2800.1.

You can use the following defenses to fight your charges for felony evading:

Lack of Intent to Flee

One critical element that constitutes felony evading is your intent to flee from an officer pursuing you. You cannot be convicted under this statute unless your criminal intent is clear. For example, if you were pulled over in an unsafe neighborhood, your failure to stop could be associated with fear for your safety.

Another way you can explain away your lack of intent to flee from the officer is if you had a parent who needed emergency medical care in your vehicle. If you believed stopping the vehicle would endanger them, you may avoid a conviction for reckless evading. However, the lack of intent to evade does not justify violating traffic rules. Therefore, you may still be found guilty of reckless driving.

You did not Evade an Officer

Before you face a conviction for felony evading, the prosecution must prove you knew or should have known that the officer was in your pursuit. The law states that an officer’s vehicle and clothing must be marked for easy identification. If the officer who attempted to stop your vehicle was not marked distinctively, you would not be found guilty of violating VC 2800.2.

Insufficient Evidence to Prove that you Drove Recklessly

Your driving conduct is a critical determining factor of the statute under which the prosecutor files your evading charge. Clearly, you operated your vehicle recklessly and endangered other people while fleeing from the officer. In California, prosecutors file the most serious charges that the evidence they have against you can support.

Sometimes, the prosecuting attorney can file charges for felony evading without evidence to back the claim. In addition to reckless driving, you must have violated several other traffic rules for your offense to qualify as a violation under VC 2800.2. You can avoid a conviction under this statute by arguing that your conduct was not reckless.

Unlawful Stop

California law gives every person a right against unlawful traffic stops by the police. Before a law enforcement officer attempts to stop your vehicle, they should have probable cause that you were engaging in a criminal act. An officer can lawfully stop your vehicle if you are suspected of drunk driving or you reach a DUI checkpoint.

You can argue that you failed to stop the vehicle out of fear of police brutality or because you thought you were a victim of racial profiling. The illegal stop can override the alleged violation on your part.

Frequently Asked Questions on the Felony Evading of a Police Officer?

The moments following an arrest and charges for felony evading an officer can be challenging and confusing. The uncertainty surrounding the outcome of your case can take a toll on you. The following frequently asked questions will help you understand more about your crime, charges, and potential consequences:

• What is the difference between evading an officer and felony evading an officer?

California VC 2800.1 and PC 2800.2 involve fleeing from an officer. However, one factor differentiating the two crimes is your conduct while fleeing from the officer. You will be charged with felony evading if, while evading, you drive a vehicle recklessly and with disregard for the safety of other people. You do need to have caused injury to another person or property damage to be charged under this statute.

Another difference between evading and felony evading is the nature of the charges. While violation of VC 2800.1 is a misdemeanor, VC 2800.2 is a wobbler. This means that the offense can attract felony or misdemeanor charges depending on the specific factors of your case.

• What happens when I cause an accident while evading an officer?

When the prosecutor files VC 2800.2 charges against you, evidence of injury is unnecessary. Being reckless and placing other people or property at risk is enough to obtain a conviction. However, causing injury to another person while evading an officer is an aggravating factor in your case. This means you will receive a harsher sentence.

If you cause the death of another person while fleeing from an officer, the prosecution could charge you with vehicular manslaughter along with felony evading. If you are found guilty of both offenses, you may serve a sentence of up to 25 years in prison.

• Will a conviction for VC 2800.2 impact my driving privileges?

A conviction for reckless evading an officer will significantly impact your driver’s license. The court will impose a mandatory license suspension for up to one year for your first offense. If you cause injury to another person while violating VC 2800.2, your license suspension will be longer. If you hold a commercial driver’s license, or a subsequent conviction for felony evading an officer 

The Department of Motor Vehicles will be notified of your arrest and will attempt to suspend your license before you appear in court for your trial under VC 2800.2. Your best bet at retaining your driving privileges at this stage is to schedule a DMV hearing to contest the suspension. In addition to a license suspension, the court may impound your vehicle, and you must pay the fees to release it.

• Will I lose my gun rights for felony evading?

VC 2800.1 can attract misdemeanor or felony charges. If you face a felony conviction, you risk losing your gun rights. California law allows most residents to purchase and possess firearms unless they are convicted felons. However, if you are convicted of felony evading, you will be stripped of this right.

An attempt to purchase or use a firearm after an arrest and charges for felons in firearm possession under California Penal Code 28900 meets the firearm ban.

• Can I be found guilty of felony evading if I was intoxicated?

Intoxication is not an excuse to violate the law. However, a conviction for reckless evading requires evidence that you intended to flee from the law enforcement officer. An intoxicated person may be incapable of formulating an intent to flee. While the intoxication argument may help you avoid charges for felony evading, you can be charged and convicted for drunk driving and VC 23152.

DUI is a misdemeanor that results in a jail sentence of up to six months. Compared to felony evading, facing charges for drunk driving is a favorable outcome.

• Can felony evading an officer be reduced to evading a police officer?

One of the defense strategies in your VC 2800.2 case is to fight for a reduced charge. If you are unsure that you will win your case and avoid a conviction under this statute, your attorney could negotiate a plea deal for VC 2800.1 with the prosecution. Entering a plea deal means you plead guilty to evading an officer, followed by dismissing your felony evading charges.

Since evading an officer is a misdemeanor, the longest you can spend in jail is one year. Sometimes, you can avoid incarceration through misdemeanor probation.

Find a Top-Notch Criminal Attorney Near Me

Anyone who flees from a police officer in a vehicle while driving with disregard for the safety of other people and property will be arrested and charged with felony evading an officer. The manner of driving and the danger you pose to others differentiate felony reckless evading from misdemeanor evading.

Reckless evading of an officer is a serious offense that attracts a mandatory jail sentence for anyone found guilty. The court may also impose hefty fines for the crime. In addition to incarceration and fines, a conviction for this offense will remain on your record, affecting your personal and professional life.

You will need to undergo other tedious court processes like expungement or seeking a certificate of rehabilitation to avoid the disabilities of your conviction. Fortunately, not all arrests under VC 2800.2 attract a conviction. With the guidance of a skilled criminal lawyer, you can fight to have charges dropped or reduced to the less serious Vehicle Code 2800.1. If you or your loved one faces charges for felony evading an officer in Van Nuys, CA, you will benefit from the expert legal guidance we offer at Leah Legal. Call us today at 818-484-1100 to discuss the details of your case.

Domestic violence-related convictions usually carry severe penalties. You could lose custody of your child or children or the ability to visit them at your partner’s. You could also be subject to prison or jail time, probation, or hefty fines, based on the severity and nature of your charges. If accused of domestic violence, it could be because you caused corporal injury to your spouse. But what exactly does “causing corporal injury to a spouse” mean? We explain this in this blog.

What It Means to Cause Corporal Injury to a Spouse

A “corporal injury refers to a physical or bodily wound inflicted by force, which leads to a traumatic condition. It generally means a verifiable or visible injury, whether severe or slight. The quantity of force used does not count. Additionally, whether the force was caused using a gun or any other weapon is immaterial. All that counts is the force that caused a traumatic condition on the victim’s body.

Therefore, causing corporal injury to a spouse means inflicting a bodily injury on an ex- or current intimate partner, and that injury leads to a traumatic condition.

Corporal injury examples include:

• Internal bleeding
• Concussions
• A laceration or cut
• Bruises
• A strained muscle or ligament sprain
• A bullet would
• A broken bone
• A body scratch
• Swelling
• A broken nose
• Injuries resulting from strangulation or suffocation

The following does not constitute a corporal injury

• Physical contact not resulting in any internal physical injuries or leave a mark
• Financial losses
• Property damage
• Emotional distress
• Post-traumatic stress due to the violence

Causing corporal injury to a spouse is a type of domestic violence crime in California, described under PC 273.5. The crime is also called domestic abuse, domestic violence, or spousal abuse, depending on who files the charges. The D.A. must provide irrefutable evidence that you acted willfully to hold you criminally liable for this crime. “Willfully” means you acted intentionally. You need not have meant to violate the law to be considered to have acted willfully.

The D.A. must also prove that you caused the victim to sustain a traumatic condition. A traumatic condition is any bodily harm inflicted through the direct use of physical force. The condition need not be severe. Any minor injury or wound suffices.

Lastly, the party that suffered the corporal injury must be an intimate partner, not just anyone else, to be convicted under PC 273.5. Your intimate partner can be an ex- or current spouse, fiance(e), cohabitant, registered domestic partner, child’s mother or father, or someone you are seriously dating or seriously dated in the past. Put otherwise, you should have or have had intimate relations with the hurt party.

Corporal Injury Vs. Domestic Battery

Although there are some similarities between a domestic battery and corporal injury upon a spouse, these charges differ in various ways, which could affect the way defendants are tried.

Domestic battery is also called spousal battery. It is described under PC 243e1 as willfully touching an intimate partner in an offensive or harmful way. Unlike cases of corporal injury, the domestic battery offense does not necessitate the victim being hurt in any way. All that matters is that the defendant made physical contact, regardless of how slight. For example, you can be charged with a domestic battery offense if you touch your partner’s skin, clothing, or an item in their hands, like a bag or purse.

Another difference is that while both crimes involve domestic violence, corporal injury upon an intimate partner is considered a wobbler. A wobbler is a crime the D.A. can charge as a felony or misdemeanor based on the case facts and the accused’s criminal history. On the other hand, a spousal battery violation is a straight misdemeanor. This means the D.A. can only prosecute it as a misdemeanor, not a felony.

You are likely to face charges of felony corporal injury to a spouse if the injury you inflicted on the victim is severe and you have previously been charged with domestic violence or any other aggressive conduct.

If charged with inflicting corporal injury on a spouse as a misdemeanor, you will be subject to a maximum fine of six thousand dollars, 12 months of a jail sentence, and summary probation. A felony conviction, which is much more severe, is punishable by a state prison sentence of two, three, or four years, a maximum fine of six thousand dollars, and felony probation. A conviction for a domestic battery crime could subject you to a fine of not more than two thousand dollars and a maximum of 12 months in jail.

Irrespective of the type of domestic violence crime you are accused of, the penalties are real and can be devastating. You need to contact a knowledgeable domestic violence criminal defense attorney who can fight to protect your legal rights and aggressively defend the charges against you.

What Else Could Happen If You Cause Corporal Injury to a Spouse?

Apart from the standard penalties mentioned above, you can face further consequences if you cause corporal injury to your spouse and certain factors apply to your case. For example, you may face more severe penalties if your past conviction was within the past seven years and it was for:

• 243(e) PC, battery upon a spouse
• 4 PC, sexual battery
• 245 PC, assault using a deadly weapon
• 5 PC, corporal injury upon a spouse
• 244 PC, battery/assault using caustic chemicals
• 243(d) PC, battery/assault resulting in severe bodily injury
• 5 PC, assaulting someone using a stun gun

If the past sentence is for battery on a spouse, your felony penalties will increase to up to four years in prison and a maximum fine of ten thousand dollars. And if the past sentence is for the other crimes listed above (apart from battery upon a spouse), your felony penalties may increase to two, four, or five years in prison and a maximum fine of ten thousand dollars.

If you severely injured the victim, you could face a significant bodily injury sentence enhancement per 12022.7 PC. This sentence enhancement will subject you to an additional, consecutive prison term of five, four, or three years.

And if your actions made the victim suffer significant bodily harm, the crime would be considered a strike and a serious felony. If found criminally liable for a serious felony and prosecuted for another felony later, it is deemed a second strike. In this case, your penalty period will be twice as long as the sentence otherwise required under the law. Two strike offenses on your record and a subsequent conviction of any felony can result in a prison term of between 25 years and life.

Probation Sentence for Causing Corporal Injury to a Spouse

Sometimes, a judge can suspend a defendant’s prison or jail sentence and grant them a probation term. In California, there are two types of probation based on the nature of the charge—felony or misdemeanor. The two types of probation are felony and summary probation.

Summary probation is informal, or misdemeanor probation and generally lasts between 12 and 36 months. Felony probation, also called formal probation, usually lasts longer (between three and five years). It could also include serving a maximum of 12 months in jail. The only cases where formal probation is generally granted are when it is the defendant’s first offense or substantial mitigating factors exist.

If sentenced to felony or misdemeanor probation for causing corporal injury to a spouse, the judge will require you to adhere to particular conditions, including:

• Serve at least fifteen days in jail if you were previously convicted in the last seven years for a crime involving domestic violence or assault or sixty days if you have two or several of these priors
• Adhering to a protective or restraining order that prohibits you from contacting the victim in question for a maximum of ten years
• Not breaking any laws
• Doing community service
• Paying restitution to the victim to compensate them for their counseling and other relevant costs
• Paying a maximum of five thousand dollars to a battered women’s shelter

If you violate any probation conditions, the judge schedules a hearing. And if the prosecutor proves your violation during this hearing, the judge may revoke your probation and then impose the maximum prison or jail sentence for causing corporal injury to a spouse or impose newer (usually harsher) conditions.

You May Also Face Immigration Consequences

Causing corporal injury to a spouse is a domestic violence offense under immigration laws. Consequently, it is deemed a deportable violation. In some instances, the offense also qualifies as an aggravated felony or a crime of moral turpitude. These two categories of crimes are inadmissible violations. Being sentenced for an inadmissible offense can subject you to the following consequences:

• You cannot apply to adjust your status (changing to legal from illegal immigration status) or for a green card.
• No chance of becoming a United States citizen.
• Denial of the right to reenter the U.S after leaving.

Los Angeles County Prosecutors Do Not Impose Sentence Enhancements

As of December 8, 2020, LA County Prosecutors no longer pursue sentence enhancement for anyone accused of causing corporal injury to a spouse. Therefore, if you are charged with breaking your intimate partner’s arm in LA, the D.A. cannot seek the significant bodily injury sentence enhancement under 12022.7 PC. Put otherwise, inflicting a bruise on an intimate partner is charged similarly to inflicting a severe injury.

Because LA County prosecutors no longer pursue the significant bodily injury sentence enhancement, you will not be subject to the enhanced consequences of an additional five, four, or three years in prison.

How You Can Defend Yourself

If accused of causing corporal injury to a spouse, it does not mean you are going straight to jail. A skilled lawyer can help you successfully fight your charges. Defense attorneys have various strategies they can apply to have the judge reduce or even dismiss charges of corporal injury to a spouse. Whereas not two cases are the same, there are common defenses that cut across all corporal injury cases.

One of the defenses you can argue based on your case is self-defense or the defense of another. This defense is most effective if you had reason to believe that you or another individual was in immediate danger of sustaining a physical injury and believed you needed to use force to stop the danger. Additionally, the force you had to use should not be more than you reasonably required to prevent the danger.

Another valid defense you can argue is that you did not act intentionally. You can only be guilty of causing corporal injury to a spouse if you purposely hurt the victim. That means accidental harm, whether or not it occurred during an argument, does not suffice. In this case, the judge may convict you of a less severe crime, like domestic battery.

You can also argue the false accusation defense. Police officers in California take domestic violence allegations seriously. Consequently, people are frequently falsely arrested based on wrongful accusations. The allegations could arise from jealousy, anger, or the need for revenge. Your lawyer can assist you in fighting wrongful accusations by interviewing the victim or subpoenaing their text messages, emails, or social media accounts. They can also conduct a comprehensive background check on the victim and interview their friends, colleagues, online contacts, family, and witnesses.

A detailed investigation often reveals that the accused has an ill motive. When your lawyer presents evidence in court, the judge may drop your charges or the prosecutor may agree to a plea deal.

Regardless of what defenses apply to your case, your lawyer may achieve the best possible outcome without a court trial. Court trials are expensive and time-consuming. They also allow judges the power to admit potentially stigmatizing information into evidence. However, court trials can sometimes be ideal, mainly if the D.A. is uncooperative.

Situations Where the Victim Refuses to Proceed with the Case

Sometimes the victim may decide they will not proceed with the case after filing a police report for corporal injury. When this happens in your case, it does not mean the prosecution will dismiss your charges there and then. The victim may say they have decided to drop all charges or refuse to testify during court proceedings. Sometimes the victim cannot be present in court during the proceedings. What happens in these scenarios?

When the victim decides to drop all charges, D.As often assume they do so because the defendant has coerced, threatened, or emotionally manipulated them. Consequently, the D.A. will likely carry on with the prosecution anyway.

But when the victim is reluctant, charges are usually challenging to prosecute as the victim will be uncooperative. Consequently, the defense attorney can often convince the D.A. to dismiss the charges or agree to a more favorable plea deal if the evidence they have is weak.

Sometimes the victim declines to testify during the trial. When this happens, the D.A. has the court’s subpoena power, meaning they can compel the victim to show up and testify, whether or not they are willing. The D.A. must personally issue the victim with the subpoena to show up. The judge may issue an arrest warrant against them if they still refuse.

Sometimes the victim or prosecution’s witness still cannot appear in court during the proceedings, for example, because they may have fled from the jurisdiction or gone into hiding. In this case, the prosecution will likely be incapable of proceeding with the case due to California’s hearsay rule, a crucial evidence rule. Per Evidence Code 1200a, hearsay evidence refers to a secondhand account of events or evidence made by someone else who is not a witness on the record to prove the matter in question.

For example, Eve tells her best friend, Alex, that her boyfriend, Eddy, broke her arm. Alex informs the police, and Eddy is placed under arrest and accused of causing corporal injury to their spouse. Eve disappears the day before the trial. Alex cannot testify that Eve said Eddy broke her arm, as that would only be hearsay.

If a witness makes a statement outside of court, it will be excluded from evidence because the defendant must have the opportunity to cross-examine any opposing witnesses. So, with few exceptions, hearsay statements are not admissible. That means the case often falls apart if the victim cannot testify in court, leading to the prosecution dismissing charges. Remember, if your case is dropped, you can seek to seal your arrest records.

Find an Experienced Domestic Violence Attorney Near Me

If accused of inflicting corporal injury on your spouse, you need to consult an experienced domestic violence attorney right away to increase the chances of avoiding severe penalties. If charged in Van Nuys, Los Angeles, CA, we at Leah Legal can provide expert counsel. We can examine your case facts and advise on the best defense approach.

Our domestic violence attorneys have decades of experience and will aggressively fight to defend your rights. We may be able to convince the prosecution to dismiss your case or reduce your charges to a lesser offense, like spousal battery. Call us at 818-484-1100 to discuss a possible course of action to obtain a positive outcome for your case.

Child abduction is a crime punishable under Penal Code 278. The law considers it a criminal offense to take, withhold, entice away, or conceal a child from their legal guardian or parent in violation of a court order or without valid permission. By this very definition, child abduction charges are not limited to strangers. Parents who take and withhold children in violation of custody orders could also face child abduction charges. Parents, stepparents, relatives, or guardians are some of the suspects in a child kidnapping.

Child Abduction by Parents of Family Members

Morally, the debate about child abduction ends with one question: Can you abduct your child if you are the parent, legal guardian, or family member, especially after a divorce?

While child abduction in moral conversations is open to interpretation, legally, you must adhere to the rules courts provide in custody orders. There are various reasons why parents, family members, or legal guardians abduct children. Some of the typical rationales include:

• Disagreements over custody or visitation arrangements — A frequent cause of parental child abduction is a dispute regarding custody or visitation agreements. Sometimes, the abductor feels they have been unfairly denied access to the child. They subsequently decide to take action by taking the child on their own.
• Fear of losing custody — Sometimes, a parent could abduct their child out of fear of losing custody. They could believe the other parent is unfit or the child is in danger. In this scenario, they could believe they had no other option but to take the child away.
• Parental alienation — Alienation occurs when one parent tries to turn the minor against the other parent. Sometimes, parents abduct their children to sever the child’s relationship with the other parent.
• Mental health issues — Parents could abduct their child due to mental health issues like depression or anxiety. They could feel that the child is the only aspect of their life that brings them happiness and may be unwilling to let go.
• Abuse or neglect — A parent or family member could abduct the child out of fear that the minor is being abused or neglected. They could believe the child is in danger and be unwilling to leave them with the other parent.

Note: Parental child abduction is a grave criminal offense. It can have enduring implications for the abductor and the child, irrespective of the motive.

What Makes Child Abduction an Offense?

The state has to prove the following as true to make its case:

• You physically took, withheld, or concealed a child by removing the child from the custodial parent’s care or failing to return the child after a visitation period. You become a custodial parent through a court order or by law.
• You did not have legal justification for taking, withholding, or concealing the child — Legal justification can include a court order granting custody or visitation rights to the defendant or consent from the legal custodian or parent.
• You acted with malicious intent — You acted willfully and with wrongful intent, meaning you knew your actions were illegal but took them anyway. Examples include acting to disturb, annoy, defraud, or injure another person.

Note: Child abduction is not a crime against the child. It is a crime against the parent from whom the minor was taken from.

Examples of actions that could result in prosecution under PC 278 include:

• A non-custodial parent takes their child from the legal custodian or parent without the parent’s consent or knowledge and keeps them hidden.
• A grandparent, relative, or family friend takes a child on a trip or outing without the legal custodian’s or parent’s consent.
• A parent violates a custody or visitation order and takes their child out of state or country without the legal custodian’s or court’s approval.

Child Abduction by Depriving the Right to Visitation or Custody

Under Penal Code 278.5, child abduction occurs when an individual deprives a parent of visitation or custodial rights. 

You can be charged under this statute if you take, retain, entice away, withhold, or conceal a child to deprive a lawful caretaker of their right to custody or visitation of the child. The prosecution must prove that you intended to interfere with the legal custodian’s or parent’s custody or visitation rights.

Prosecutors have to prove the PC 278 elements outlined above with one variation: that you acted intending to deprive the legal custodian or parent of a right to visitation or custody.

Examples of actions that would result in prosecution under PC 278.5 include:

• A parent refuses to allow the other parent to exercise their court-ordered visitation rights, despite the court order’s requirement.
• A parent fails to return the child to their lawful custodian or parent after an agreed-upon period of custody or visitation time.
• A grandparent or other family member with no legal custody or visitation rights with the child refuses to return the child to their lawful custodian or parent after a visit.
• A parent relocates with the child without the other parent’s consent or without seeking court approval to do so. Therefore, he/she interferes with the other parent’s custodial rights.

Note: A minor or a youngster is somebody under 18.

Exceptions to Child Abduction

There is a limited exception to child abduction.

A parent can take or detain their child in violation of a custody or visitation agreement if he/she believes the child could suffer immediate bodily or emotional harm if left with the other parent or guardian. This exception is the “right of protective parent” recognized under Penal Code 278.7.

If a parent takes their child under this exception, they must immediately contact the District Attorney’s Child Abduction Unit and follow specific reporting instructions. Following the instructions carefully and accurately is essential to avoiding criminal charges. Failure to comply with the instructions could be interpreted as violating the custodial or visitation orders.

Child Abduction Vs. Kidnapping

People often mistake child abduction for kidnapping. However, the two are related but distinct offenses.

Family members or individuals with close relationships with the child are typically the ones who commit child abduction. The abductor often does not have the intention of physically harming the child.

Conversely, kidnapping entails the act of taking or restraining an individual against their will through the use of force, fear, or deceit. This offense could involve a ransom or other demands. Kidnapping can be perpetrated against individuals of any age. Further, the offender does not have to be a family member or close associate of the victim.

Kidnapping is considered a more severe offense compared to child abduction.

Defenses You Can Assert in a Child Abduction Case

There are several defenses you can raise in a child abduction case. They include the following:

     a) Lack of Malicious Intent

A conviction for child abduction requires that you intend to deprive the kid’s lawful custodian or parent of their right to custody or visitation. The jury will likely return a not-guilty verdict if you did not have this intent.

An example of this situation is when a grandparent takes a child without the parent’s permission but with the motive of ensuring the child’s safety. He/she could not have had the necessary intent for a child abduction charge. In this case, the grandparent could argue that they acted in good faith. Furthermore, they can assert that he/she did not purposely deprive the parent of their custody or visitation rights.

     b) You Had Lawful Custody

Asserting legal custody could serve as a legitimate defense if you had legal custody of the child or children when the supposed abduction happened. Having lawful custody means having the legal right to decide about the child’s care and custody. As a result, your activities do not violate the parent’s or guardian’s custody rights.

Merely having custody of the child is not enough to establish lawful custody. You must prove that you legally had the child during the alleged kidnapping. Furthermore, it must be evident that your actions were consistent with the terms of any applicable court order or legal agreement governing custody.

Some examples of evidence applicable in support of this defense include:

• A copy of the court order or legal agreement governing custody.
• Testimony from witnesses who can attest to your custody rights and the circumstances surrounding the alleged abduction.
• Documentation showing that you acted per the terms of the custody order or agreement. Examples include proof that you notified the other parent or guardian of your intent to take the child or that you returned the child as required by the order.
• Records or documentation showing that you had a good faith belief that your acts were consistent with the terms of the custody order or agreement, and
• Any other evidence that helps establish your actions as lawful and justified.

     c) Emergency Circumstances

Under certain circumstances, a viable defense can be based on the alleged abductor acting out of necessity or emergency circumstances. The “necessity defense” or “emergency circumstances defense” can be invoked in these scenarios.

When asserting this defense, the alleged abductor should prove that they took the child due to a genuine belief that the child was in immediate danger. Additionally, it must be evident that no other practical alternatives were available to safeguard the child from harm.

This defense applies to cases where the child was in immediate danger of physical or emotional harm due to abuse, neglect, or other grave threats to their safety or well-being.

Additionally, the alleged abductor must also show:

• He/she believed in good faith that their actions were necessary to protect the child and
• He/she did not cause more harm than necessary to protect the child.

The defense bears the burden of proving that the defendant’s actions were justified under the circumstances.

     d) You Were Falsely Accused

You can argue that you were wrongly accused of child abduction in the case. This defense is only successful if you demonstrate that the alleged victim’s accusations of child abduction are false.

This defense can be challenging to assert. Prosecutors will present witness testimony, documentation of custody arrangements, and other evidence to prove that you committed the child abduction crime. You must present your witnesses to disapprove of the prosecution’s version of events. However, an experienced attorney will provide the proper evidence for this defense. 

In most cases, attorneys challenge the witnesses’ accounts, especially if there are inconsistencies in their testimonies. Alternatively, the attorney will argue that the evidence presented is circumstantial; therefore, the evidence does not definitively prove that a child abduction occurred.

This defense applies when an accuser makes false allegations in pursuit of revenge because of a jealous rage or to use the accusation/or conviction as leverage in a child custody battle.

     e) The Parent or Legal Guardian in the Case Lost Custodial Rights

If a parent’s parental rights have been terminated due to neglect, abuse, or abandonment, taking a child away from that parent is not child abduction. The defendant could argue that they acted in the child’s best interests and that the other parent had no right to custody or visitation.

This defense requires evidence that the other parent lost parental rights due to neglect, abuse, or abandonment. The evidence includes court orders, child protective services reports, or other official documents demonstrating that the other parent had been found unfit to care for the child.

Penalties if Convicted of Child Abduction

Prosecutors decide which charges to pursue. You could face misdemeanor or felony violation charges based on the facts of your case.

If convicted of a misdemeanor offense, a conviction will likely result in the following punishments:

• A jail term of up to one year and/or
• A fine of up to $1,000

If convicted of a felony offense, a conviction will likely result in the following punishments:

• A 2, 3, or 4-year jail or prison sentence and/or
• A fine not exceeding $10,000

If you are convicted of abducting a child under PC 278.5, the misdemeanor penalties remain unchanged. However, imprisonment for a felony violation changes to 16 months, two, or three years, with a possible fine penalty of $10,000.  

The Sentencing Hearing

The judge will evaluate different factors during the sentencing hearing to determine a suitable punishment. Judges consider factors including:

• The age and vulnerability of the child or children.
• The duration and severity of the abduction.
• The impact of the abduction on the child.
• The custodial parent, and
• The defendant’s criminal history and the likelihood of reoffending.

Judges also consider aggravating or mitigating circumstances. Aggravating circumstances inform a judge’s decision to increase the severity of the penalties. Conversely, mitigating factors can serve to lessen the severity of the sentence.

The following are some examples of aggravating circumstances:

• The length of the abduction.
• The child’s exposure to a significant risk of bodily injury or illness.
• Threats to inflict or inflicting physical harm on:

1. The parent.
2. The legal guardian of the child or.
3. The child during the abduction.

• Substantially altering the name or appearance of the minor.
• Abandoning the child during the abduction.
• Previously threatening to abduct or previously abducting the child.
• Taking the minor out of the country.
• Failing to return the child to the lawful custodian.
• Denying the child appropriate education during the abduction.

Some of the mitigating factors judges consider include the following:

• Returning the child or children unharmed or
• Assisting in the child’s safe return.

Will a Conviction Affect My Immigration Status?

Yes, child abduction can have immigration consequences.

A conviction for child abduction can lead to deportation from the country for non-US citizens. Under federal immigration law, certain crimes, including child abduction, are considered “crimes of moral turpitude.” These crimes can make non-citizens inadmissible to the country or subject to removal proceedings.

Furthermore, even if the offense is not regarded as one involving moral turpitude, a conviction for child abduction could have immigration ramifications, for example, affecting your ability to acquire a visa or green card. 

Federal Laws Against Child Abduction

There are federal laws in place that criminalize the abduction of children. The most significant of these laws are: 

• The International Parental Kidnapping Crime Act (IPKCA) of 1993 — This law makes it a federal crime to remove a child from the United States or retain a child outside of the United States with the intent to obstruct the lawful exercise of parental rights.
• The Uniform Child Abduction Prevention Act (UCAPA) — It provides a framework for preventing child abduction and addressing the interstate jurisdictional issues that arise in child abduction cases.

Contact a Van Nuys Criminal Defense Attorney Near Me

Child abduction is a grave offense that carries severe repercussions. It can devastate the child, the parents or legal guardians involved, and the broader community. It is best to familiarize yourself with the applicable laws and legal defenses to avoid unintentional violations. Additionally, doing so ensures that the child’s best interests are protected.

If you or someone you know is facing child abduction charges, seeking legal representation immediately is your best option. A skilled criminal defense attorney in Van Nuys can offer valuable advice and assistance throughout the legal proceedings, working diligently to safeguard your rights and interests. Contact Leah Legal at 818-484-1100 for more information.

If you face charges for elder abuse, it is crucial to understand the charges and the potential repercussions if the court finds you guilty. That will assist you in properly planning your defense, including gathering and compiling substantial evidence against your charges. The assistance of a criminal attorney could also help you secure a fair resolution in your case. Elder abuse is a serious crime, resulting in lengthy jail or prison sentences and heavy court fines. Fortunately, you can defend against your charges to prevent a conviction and the terrible repercussions that come with it. But first, let us look at how elder abuse is defined in California law.

The Legal Meaning of Elder Abuse

An “elder” is defined under California law as someone aged at least 65 years. Some senior citizens cannot care for themselves and must rely on others for their basic needs. That explains why senior citizens are especially exposed to disrespectful or damaging acts by those who are supposed to look after them. Some older adults are defenseless and unaware of how to seek assistance or report illegal activity against them. Elder abuse regulations under Penal Code 368 provide special protection for older adults. Individuals who perpetrate crimes against senior citizens face severe penalties under the law.

Laws against elder abuse do not define a specific crime or behavior. Under this statute, you could face prosecution for various acts or omissions against a person over the age of 65. Because elder abuse takes several forms, it is crucial to comprehend what constitutes a criminal offense under this legislation. Then, if you face charges of elder abuse, you will be prepared to defend yourself. You can seek the assistance and counsel of a qualified criminal attorney to better understand your options and obtain legal representation.

The following are some instances of conduct or omissions that could lead to elder abuse charges:

• Failing to feed your 90-year-old disabled father, who is unable to feed himself
• Making fun of an elderly patient under your care because they use a wheelchair and cannot defend themselves
• Fraudulently convincing your elderly mother to make you the sole beneficiary of their will

Elder abuse is a wobbler offense. It implies that, based on your criminal past and the circumstances of your case, the prosecutor can charge you with a felony or a misdemeanor.

An elder abuse charge is more lenient as a misdemeanor and will likely result in less severe sanctions if convicted. However, for the judge to find you guilty of a misdemeanor under this law, the prosecution must demonstrate the following facts beyond a reasonable doubt:

• That you purposefully and/or negligently caused a person over the age of 65 unreasonable mental and/or physical suffering
• Your actions or omissions could have affected that person’s health or put their life at risk.
• You were or should have been aware that the individual was a senior citizen.

Unjustifiable mental or bodily suffering means that the suffering or pain was not merited or was excessive in the circumstances.

A felony elder abuse charge is more severe and will result in harsher punishment if you are found guilty. However, for the judge to find you guilty of your charges, the prosecution must first prove the following elements:

• That you knowingly and/or negligently caused a person over the age of 65 unreasonable mental or physical pain
• Your actions or omissions would likely cause the victim’s death or serious bodily injury.
• You were or should have been aware that the victim was an older adult.

To understand this law better, let us discuss some of its elements in more detail:

The Abuse

Remember that elder abuse can manifest itself in a variety of ways. The following are examples of common forms of abuse that could result in charges under this law:

• Physical abuse — Described as inflicting unreasonable suffering and/or bodily injury on an older adult.
• Emotional abuse — Can take numerous forms, including mocking or physically isolating an older person.
• Endangering and neglect — Placing the victim in a situation that jeopardizes their safety or health.
• Financial exploitation — Referring to financial maltreatment or fraud against a senior. It involves utilizing deception to gain a financial advantage over an older adult.

Financial elder abuse differs from other types of elder abuse. If you face charges of financial elder abuse, the prosecution must demonstrate the following facts for the judge to declare you guilty:

• You face charges for a finance-related crime, like embezzlement, theft, or fraud.
• You committed the offense against a person aged at least 65
• You were the person in charge of the elder’s care; or
• You were or should have reasonably been aware that the victim was an elder.

Example: Paul, a staff member in a nursing home for older people, persuades one of his patients to lend him money. Paul has no intention of paying back the money. After receiving the money from his patient, Paul resigns and relocates to another town.

In this case, Paul is convicted of financial exploitation of an elder. He stole money from an older adult in his care. Even if no financial organizations, like banks, are involved in the abuse, taking even a small amount of money from an elder through fraud or theft is considered elder abuse.

Acting Willfully and/or with Criminal Negligence

It signifies that elder abuse is an intentional act or omission on your part. Criminal negligence means your actions were unreasonable enough to show a significant disregard for human life.

Example: James is his father’s primary caregiver. The father’s medical condition makes it impossible to care for himself. In such a situation, he must rely on James for all his needs, including nourishment. But James is not very fond of his father. He sometimes leaves his parents hungry and thirsty for days before they bring him something. The father was recently saved when he was on the edge of death.

The facts of the case demonstrate that James’ conduct meets the definition of criminal negligence.

The prosecution cannot establish criminal negligence unless the alleged perpetrator owes the alleged victim a duty of care.

In the preceding example, if James is just a neighbor who periodically delivers food and cares for a senior, he will not be criminally negligent if the elder eventually dies of hunger. It is because, as a neighbor, James has no obligation to care for his elderly neighbor.

The Investigation and Prosecution of Elder Abuse Allegations

Charges of elder abuse are serious. Disregarding the elderly brings criminal charges, penalties, and additional consequences that will affect your life in various ways. It could, for example, influence how you interact with others. People will not want to associate with you if they discover you are cruel to a helpless individual.

Special units and agencies in California investigate and prosecute reported occurrences of elder abuse. If you are arrested for elder abuse, these agencies must gather enough evidence against you to charge you in court. It implies that your case will be handled by a professionally trained prosecutor who will file charges against you in court.

When the police receive a report of probable elder abuse, they must act quickly to stop the abuse and secure the victim’s safety. They will arrest you immediately and refer your case to one of their special squads. The prosecutor will examine the contents of your case to decide whether to accept the case and press charges against you, reject the claim, or ask detectives to look into the subject further.

When determining which agency will investigate a suspected incidence of senior abuse, several considerations must be considered. Some of these elements are:

• The location where the abuse happened
• If the abuse is a misdemeanor or a felony
• The precise type of elder abuse (physical, emotional, mental, or financial)

Possible Penalties after an Elder Abuse Conviction

The penalty you will face if convicted will be determined by whether you committed a felony or a minor offense. A misdemeanor conviction for elder abuse carries the following penalties:

• Summary probation
• A maximum of one year in jail
• A maximum court fine of $6,000
• The requirement to pay restitution to the victim

A felony conviction could attract the following penalties:

• Felony probation
• A maximum of four years in prison and seven additional years if the alleged victim sustains an actual bodily injury
• A maximum of $10,000 in court fines
• The requirement to pay restitution to the victim

The judge can sentence you to probation for part or all of your prison/jail sentence. You will be obliged to follow particular probation conditions throughout your probation period. Following a conviction for elder abuse, you could face the following probation conditions:

• Not to violate any law while on probation
• To remain within the court’s jurisdiction
• To provide regular reports about your performance to the court if on summary probation
• To regularly meet with the probation officer for progress reports if on felony probation
• To undergo counseling therapy or drug treatment if necessary.

It would be best if you did not breach your probation; otherwise, you could face criminal charges and further penalties. If the court discovers that you have violated one or more probation requirements, the judge will issue a probation violation to assess the cause and consequences of your actions. The judge can decide the following during the hearing:

• Continue probation but with a stern warning against further violations
• Continue probation but with new and stricter probation conditions
• To discontinue probation and send you to jail/prison for the recommended period under the law

Other Consequences of Conviction for Elder Abuse

Any criminal conviction will result in a devastating criminal record that will impact your life in various ways. A criminal record, for example, will make it difficult for you to get an acceptable job even after you have served your jail/prison sentence. It will impact where you live and the services you can use. Before employing or leasing someone, most companies and landlords do background checks on them. You can lose various opportunities to find suitable employment or a community if you have a criminal record.

A criminal conviction for elder abuse will have an impact on your social life as well. If people find out that you abused an older citizen, they will likely treat you differently. You could lose friends, family, and even the opportunity to make new acquaintances. Restarting one’s life after serving time for elder abuse is difficult.

A conviction for elder abuse can also impact your immigration status. Some offenses have substantial immigration ramifications. A conviction for one of these crimes could result in deportation or make you inadmissible to the United States. Depending on the facts of your case, you could face substantial immigration repercussions if you are convicted under this law.

A felony conviction for elder abuse will also bar you from owning or purchasing a handgun. In California, convicted felons are not permitted to own or use weapons. If you already own a firearm, you will lose it if convicted.

How You Can Defend Yourself Against Elder Abuse Charges

Because of the severe ramifications of an elder abuse conviction, you must know that you can defend your accusations in court to prevent a conviction. You can do so with the assistance of an experienced criminal defense attorney. Fortunately, your criminal defense lawyer will have several legal defense methods to persuade the judge to dismiss or minimize your charges. The following are the most common of these strategies:

You Did Not Act Willfully

Remember that one of the prerequisites for elder abuse is that you committed a crime against an elder with intent. A willful act is done on purpose. You are not liable under this statute if you acted innocently or accidentally and caused mental or bodily anguish to an elder. Your defense attorney will endeavor to persuade the jury that your conduct was not criminal. If they are successful, the judge can dismiss your charges.

Your Actions Were in Self-Defense

In the circumstances involving abuse or violence, self-defense is a generally accepted legal defense technique. If you believe you or another person is in danger, you can use reasonable force against them. For example, if an elder attacks you first and you defend yourself reasonably, you are not guilty of elder abuse. However, your attorney must persuade the jury that you were in urgent danger at the time and only behaved in this manner to protect yourself from that risk. You are not guilty if this is the case.

You Face False Accusations

False charges for a serious crime like elder abuse are not rare. Someone can call the cops and make false accusations against you for motives like envy or a desire for vengeance. Suppose an angry neighbor or family member accuses you of elder abuse when you do all you can to care for an older adult. In that case, you can use this defense to avoid a criminal conviction. Remember that the district attorney must have enough evidence to prove all components of your crime beyond a reasonable doubt. The judge will clear you of all allegations if this does not occur.

Having Your Conviction Record Expunged

If you are guilty of elder abuse, you can have your criminal record wiped out to shield yourself from the negative consequences and disabilities of a criminal record. Remember that a criminal record will impact your life even after you finish your sentence.

Expungement is the process of deleting a specific conviction from your criminal record. It implies that anyone running a background check on you will be unaware of the sentence. As a result, it can protect you from future employers and landlords, who will likely treat you based on what they discover in your criminal history.

It would be best to petition the court where your conviction occurred to have your record expunged. To increase your chances of success, have your criminal attorney file a petition on your behalf. Also, ensure you have completed your jail or prison sentence and any probation.

To grant your motion, the judge will assess your performance while on probation or in jail/prison. You can apply for an early termination if you are still on probation. If your request is approved, you can file an expungement petition with the court.

Find a Skilled Van Nuys Criminal Defense Lawyer Near Me

Suppose you face charges for elder abuse in Van Nuys. In that case, it is necessary to consult with an experienced criminal attorney who can assist you in comprehending the legal ramifications of your charges. Remember that elder abuse can manifest itself in a variety of ways. Your attorney will assist you in determining whether your acts satisfy the elements of the offense. They will also help you navigate the legal system and understand your options for challenging the charges.

At Leah Legal, we handle all types of criminal matters. As a result, we have the knowledge and experience you require to navigate the criminal justice system successfully. We will also work with you to persuade the judge to reduce or dismiss your charges. For additional information on elder abuse charges and our services, please contact us at 818-484-1100.

Criminal offenses involving drugs are among the most serious ones the law forbids. They all center on controlled substances, including prescription pharmaceuticals and illicit drugs. Being under the influence of controlled substances is likewise prohibited, in addition to their possession and usage. Controlled substance use is typically a criminal charge with a jail sentence and a court fine. A conviction will also result in a criminal record, significantly affecting your life. Hiring the most excellent legal representation is vital if you face accusations of using a regulated substance and being under its influence. You can then defend yourself against the charges to prevent a conviction and its severe effects.

The Legal Meaning of Being Under the Influence of A Controlled Substance

Health & Safety Code (HS) 11550 prohibits being under the influence of controlled substances. Anyone caught while impaired by narcotics or some prescription drugs without a valid prescription violates the law. Even though the crime is only a misdemeanor, it carries serious repercussions that could have a long-lasting effect on your life. For example, having a drug-related conviction on your criminal record can make it more challenging to land a good job, establish lasting relationships, or locate a place to live. Thus, retaining the most excellent criminal defense attorney when detained on a drug-related allegation is crucial.

Knowing the legal significance and implications of the charges you face under HS 11550 is vital. An experienced criminal attorney can assist you with that. They can also help you determine your alternatives and the likelihood of successfully contesting the charge in court. The prosecutor must establish both elements of this offense for the court to declare you guilty. These components are:

• That you willfully or knowingly used a regulated substance or narcotic drug.
• You were knowingly under its influence at the time of the arrest.

The prosecutor must identify the narcotic or prohibited substance you are accused of using. Here are several scenarios where charges under this statute can be brought:

• Attending a concert while high on Vicodin.
• Stealing and using multiple prescription medications that leave you feeling faint, weak, and exhausted.
• Experiencing hallucinations and exhibiting strange behavior in public after snorting PCP.

The following statutes outline the regulated substances and narcotics that are prohibited by this law:

• Health & Safety Codes 11054 to 11058.
• Health & Safety Code 11019.

Here are the most common narcotics and controlled substances whose influence this law prohibits:

• Heroin.
• PCP.
• Methamphetamine.
• Codeine.
• Hydrocodone.

This particular law does not make it illegal to use marijuana when impaired. It is because marijuana possession and usage are explicitly controlled by different legislation.

To further comprehend the significance of this offense in legal terms, let us examine some of these components in more detail:

Willfully Using and Being Under the Influence

It is against the law to intentionally use narcotics or be under the influence of any other controlled substance. You must have used a regulated substance knowingly and voluntarily, knowing it would affect you. If you did not knowingly use a controlled substance, you are not guilty according to this legislation. For example, if someone coerced you into using a controlled substance or drugged you, you are not at fault.

Using a Controlled Substance

Under the terms of this statute, the use of a regulated substance should be current. It implies that you must have used the drug just before your arrest. You must still be affected by the medicine and have it in your system for your charges to stand in court. Even that can have varied meanings for various prosecutors and courts. In some situations, meeting the requirements of this statute is satisfied by ingesting a controlled substance 48 hours before the arrest. Other times, the prosecution will submit a strong case against you five days after using the controlled substance. It all depends on the court that will hear your case.

Some courts contend that the prosecution cannot establish current usage if drug withdrawal symptoms began before the arrest. Drug withdrawal symptoms are evidence that you have previously used a regulated substance. It is a valid legal defense for the acquittal of drug-related charges.

Being Under a Drug’s Influence

When under the influence of a regulated substance, various parts of your body experience its effects, including:

• The nervous system.
• Mental or brain condition.
• Physical and muscle condition.

The legal threshold for drug usage is lower under this act than for cases of DUI or public intoxication. You can be under the influence of even a small amount of narcotics or other restricted substances to satisfy the requirements of HS 11550. Chemical tests that demonstrate that you used a particular controlled substance are sufficient to support this allegation without the need for misconduct or intoxication.

When the police detain someone on allegations of drug usage, they typically consult a DRE (drug recognition expert) to determine whether the suspect is under the influence of a regulated drug. A DRE is a member of the police force who has received special training to identify drug-impaired drivers. The DRE will evaluate you using a twelve-step method and present the police with a report of their findings.

The following are the steps in the 12-step program:

• Administer a BAC test to determine how much alcohol is in your system. They will continue the evaluation if your level of impairment does not match the BAC readings.
• Doing preliminary examinations to rule out other substances and conditions.
• Interviewing the arresting officer to learn more about your actions and demeanor at the time of the arrest. You must respond to inquiries about your health and recent consumption of food, medications, and alcohol.
• Testing for vertical gaze nystagmus, HGN, and lack of convergence in an eye exam.
• Testing your divided attention through finger-to-nose, walk-and-turn tests, and stand-on-one-leg tests to assess your balance.
• Checking your vital indicators, like your blood pressure, temperature, and pulse.
• Performing a few tests in the dark to determine how big your pupils will be in various lighting scenarios. The test checks whether your pupils are normal, dilated, or constricted.
• Assessing your muscular tone because some drugs can make your muscles tense while others can make them lose and flaccid.
• Looking for injection sites that can point to the usage of a specific substance.
• They will read your Miranda rights and inquire about your prior drug or controlled substance use.
• Evaluating the outcome of the tests to determine whether you were under the influence of a regulated substance.
• Undertaking a toxicological evaluation to identify the specific drugs you have consumed. The results of the toxicological examination will serve as critical evidence for the prosecution.

How Prosecutors Prove Charges Under This Statute

If law enforcement officials believe you are using drugs or another controlled substance, they will make an arrest. They will then look into the matter and compile a report that the prosecutor will use to support your case in court. Once the prosecution has enough evidence to substantiate the charges, the prosecutor files charges against you in court. The prosecutors can rely on various types of evidence to demonstrate that you are guilty of being under the influence of a regulated substance. The prosecution can use the following primary forms of evidence against you:

The Testimony of Arresting Officers

Police are taught to look for behaviors in suspected offenders that could indicate drug use or intoxication. For the charges to stand in court, the arresting officers must have had reasonable suspicion to make the arrest. Here are some indicators that could have informed the police that you were impaired:

• Having a runny nose.
• Seizures or tremors.
• A chemical odor coming from your clothes, body, or breath.
• Extreme lethargy.
• Watery or bloodshot eyes.
• Lost physical coordination.
• Pinpoint pupils.

Any of those impartial indications could have caused the police arrest. The arresting officers can be called to the witness stand by the prosecution to describe what they saw in you and why they thought you could be under the influence.

Results of a Chemical Test

The police will make an arrest and request that you submit to chemical testing if they have reason to believe you have used a regulated substance. If you are suspected of being under the influence of alcohol, a breath test is typically given.

However, a breathalyzer cannot find narcotics in your bloodstream.

The police will then request that you do a blood test in that situation. The prosecution will use the results to prove that you were under the influence of drugs if they are positive for a specific regulated substance.

The following drugs, among others, can be found by the chemical testing the police conduct:

• Opioids.
• Methamphetamines, and
• Cocaine.

Remember that the burden of proof in criminal matters rests with the district attorney. They have to prove that you were under the influence of a particular regulated substance.

The Testimony of a DRE

After a drug-related arrest, the police will frequently use a DRE to confirm that you were, in fact, under the influence of a regulated substance. Police officers who have received special training in identifying the signs of drug intoxication typically work as DREs. A DRE officer can be called in to assist with the investigation once the police have stopped you and are looking into whether you were intoxicated. Remember that the DRE will use a twelve-step specialized procedure to determine if you are under the influence of a regulated substance.

The DRE will prepare a report that the prosecutor can use as proof to back up your charges if they determine that you are intoxicated at the conclusion of the process. The DRE can be called to testify during your trial by the prosecutor.

Fighting Your Charges HS 11550

For the jury to find you guilty, the prosecutor’s evidence must be convincing enough to establish each aspect of the crime. If not, the judge will find you innocent of all allegations. The legislation also allows you to challenge your charges and compel the court to drop or reduce them. For this reason, it is recommended that you hire a criminal attorney at the outset of the legal process. In addition to defending your rights and assisting you through the complex legal process, your attorney can employ several defense strategies to strengthen your case. Here are some examples of the most effective of these tactics:

You Had a Prescription

You are not allowed to be high on controlled substances, including some prescribed drugs, according to HS 11550. You can argue that you had a prescription for the medications in question if the symptoms you displayed after using the prescribed medicine led the authorities to stop and investigate you for being under the influence. The prescription could be presented in court as evidence by your attorney to refute the prosecution’s claims. Under this law, you are not guilty if the prescription is legitimate and only the prescribed drug was discovered in your system. Remember that only a qualified healthcare provider, like a naturopathic doctor, veterinarian, dentist, or doctor of medicine, can issue a prescription.

You Did Not Use Any Drugs

You can claim that you did not consume any drugs if you think the police were mistaken and that you were not intoxicated. Remember that the prosecution must establish without a doubt that you were drugged. You could not have been affected by drugs if you had not used any. Your attorney can use a negative drug test result to refute the prosecutor’s claims.

Additionally, something else, like an illness or other drugs, could have been the cause of the drug-like effects. To persuade the court to drop your accusations, your attorney can present evidence of the same to counter your charges.

The Intoxication Was Not Voluntary

Remember that to violate HS 11550, you must have used a regulated substance and been exposed to its effects on purpose. The court will drop your charges if that is not the case. In situations like this, involuntary intoxication is a generally accepted legal defense. It is possible that someone else drugged you or conned you into ingesting a specific substance. The court will drop your charges if your attorney can show that the drug use was done against your will or without your knowledge.

The Consequences of a Conviction Under HS 11550

Even a seemingly minor conviction for a crime should not be taken lightly. You will be left with a criminal record that will likely impact many aspects of your life, including your social and professional lives.

The primary penalty for breaking this law is a misdemeanor with a maximum jail sentence of one year. Probation can be substituted for incarceration by the judge. Additionally, you could be eligible for a drug diversion program that includes drug rehabilitation and counseling. These initiatives are intended for offenders committing non-violent drug-related crimes. If the judge orders you to one of these programs, you will complete your sentence without imprisonment.

If you are an immigrant, a DUI conviction can affect your immigration status. Deportation or being flagged as ineligible for entry into the United States could follow a conviction. Offenses or moral turpitude are typically those that are deportable. Nevertheless, depending on the specifics of your case, you can also be subject to serious immigration repercussions for some drug offenses.

Also, a conviction will result in a criminal record that can stick around for a long time. Criminal histories are typically accessible to the public. The sentence will be known to anyone running a background check on you. It can influence how others view you, particularly prospective employers and landlords. Even after serving your jail or probation term and changing your life, a conviction can still impact you for years.

As a result, consider applying for expungement as soon as you have finished serving your probation, imprisonment, or diversion sentence. A criminal conviction’s negative consequences and restrictions are removed through expungement. A criminal conviction is expunged from your record, making it inaccessible to anyone running a background check on you. But to be eligible for expungement, you must fulfill specific requirements. For example, you must satisfy the penalties the judge imposed on you during the sentencing process. Additionally, you need to show how the procedure will improve your life.

Find an Experienced Criminal Attorney Near Me

Do you or a loved one in Van Nuys face charges for being under the influence of a regulated substance?

If you seek the advice of a skilled criminal attorney, it can be very beneficial for you. A knowledgeable attorney will assist you in comprehending the significance of your charges, their legal implications, and how to prevent a guilty verdict. They will defend your rights and aid you in understanding your options. We at Leah Legal understand the anxiety of being accused of a crime. We are willing to assist you in navigating the challenging legal system. Using the most potent legal arguments, we can also defend your charges and persuade the judge to drop or reduce them. To learn more about your charges and our services, call us at 818-484-1100.

According to California law, Penal Code 459, burglary is entering a residential, commercial, or any other structure intending to commit petty theft, grand theft, or felony. You do not have to accomplish this act through violence, threat, force, or destruction. You only need to accomplish it by showing an intention to commit a felony or any offense that can be convicted as a felony. Burglary is a serious crime that attracts severe repercussions, including hefty fines, a tainted reputation, and jail or prison time. If you face burglary charges, you do not have to plead guilty before understanding the law and your options. You need to seek the services of a defense attorney to help you seek a fair sentence. 

Elements Of Burglary

If the prosecutor accuses you of burglary, Penal Code 459 PC requires that he/she prove the following elements for you to face the charges:

• You entered a structure, locked vehicle, a building, or room within a building.
• You intended to commit theft or a felony when you entered that structure, vehicle, room, or building.
• The property you intended to steal or that you stole exceeded $950.
• The structure you entered was not a commercial building.
• The structure you entered was a commercial building, but you entered outside working hours.

Under Penal Code 459 PC, a building could be a wire chicken coop, a loading dock enclosed by a chain link fence, popcorn stands on wheels, or telephone booths. You are considered to have entered the building if part of your body or an object you are using penetrates the building’s outer boundary. This could include an attached second-floor boundary or a window screen. You do not need to commit a felony or theft to be guilty of burglary. Additionally, the burglary law could apply to a vehicle if there is proof of forced entry into a locked car.

Categories Of Burglary

Typically, burglary offenses fall into two major categories:

• First-degree burglary.
• Second-degree burglary.

First Degree Burglary

If you unlawfully enter another person’s recreational car, rented room, apartment, or home to steal or commit a felony once inside, you could be guilty under PC 460, a felony first-degree residential burglary. Under the law, entering someone else’s home by force is regarded as entering a residence. Therefore, you could be guilty of first-degree burglary even if you do not commit a felony while inside. You will have committed the offense the moment you enter the residence with the intent to commit a felony or theft.

You could have entered a home with the intention to commit rape, but you did not find your target person. In this situation, because you entered the home with the intention of committing a felony like rape under PC 261, you are guilty of PC 460 even though you did not accomplish the intended offense.

An Inhabited Dwelling Place Under Burglary Law

Under burglary law, a structure only qualifies as an inhabited dwelling place if a person lives there, even if it is temporary. A dwelling structure is inhabited if a person sleeps or has assets in the structure. The victim does not need to be physically home for you to face first-degree residential burglary charges. Most courts consider the following as inhabited dwelling places:

• Houseboats.
• Trailer homes.
• A vessel if a person lives in it.
• Recreational cars.
• Occupied motel rooms.
• Shared laundry rooms or home offices.
• Attached are structures like garages.
• A room inside a home or a guest house.
• Condominiums, townhomes, or apartments.
• Houses.

Additionally, you could break into someone else’s home with the intent to steal a piece of expensive jewelry, but dogs make you change your mind and leave. In this case, even though you did not steal, you are guilty of first-degree burglary since you broke into the residence with the intention of stealing.

Penalties For Violating Penal Code 460

The penalties for first-degree burglary usually depend on the facts of your charges. However, prosecutors often prosecute a violation of PC 460 as a felony. Some of the penalties you could face include:

• Felony or formal probation.
• A fine that does not exceed $10,000.
• A jail term of two years, four years, or six years in a state prison.

First-degree burglary is also considered a strike under the Three Strikes Law. It would be a severe and violent offense if somebody was at home when you entered. In this case, you could face more severe home invasion charges and serve 85% of the sentence.

First-degree burglary is usually regarded as a moral turpitude offense. In addition, you could face negative immigration repercussions if you are a non-citizen, including being inadmissible or deportation.

Second-Degree Burglary

Second-degree burglary constitutes all other aspects of the offense, including burglary in a commercial building and any structure that is not residential. Second-degree burglary attracts less punishment than first-degree burglary. Prosecutors always prosecute second-degree burglary as a wobbler. It is at the prosecutor’s discretion whether to charge you with a misdemeanor or a felony. The possible penalties you could face for a misdemeanor second-degree burglary include:

• A fine that does not exceed $1,000.
• A jail term that does not exceed one year in a county jail.
• Summary or misdemeanor probation.

If the prosecutor charges you with felony second-degree burglary, you could face the following penalties:

• A fine that does not exceed $10,000.
• A jail term of sixteen months, two years, or three years in a county jail.
• Felony probation.

How Burglary Differs From Shoplifting

Under Penal Code 459.5, you could be guilty of shoplifting if you do the following:

• Illegally entered a commercial building.
• Enter the building during working hours.
• With the intent to steal property amounting to $950 or less.

Generally, shoplifting is a subset of burglary, where you enter a commercial building intending to steal property amounting to $950 or less. The voter initiative Proposition 47 redefined the offense of shoplifting. Proposition 47 reduced the punishment for several minor crimes. Before the enactment of Prop 47 in 2014, most people found guilty of shoplifting were charged with second-degree burglary under PC 459.

Currently, if the prosecutor charges you with PC 459.5 shoplifting, you can only be charged with a misdemeanor unless the following is true:

• You have a prior charge for one of the serious offenses, including sex crimes against minors, murder, and rape.
• You are ordered to register as a sex offender for a previous sex crime charge.

If any of the above is true and you face shoplifting charges, you could face similar penalties as an offender who commits a second-degree burglary as outlined under PC 459.

Whether Your Prior Burglary Charge Be Reduced To Shoplifting

Your prior burglary charge can be reduced to shoplifting if you think you qualify for Prop 47. In this case, you must consult your criminal defense attorney, who understands Prop 47 and Penal Code 459.

Burglary Of a Safe Or Vault

You could violate PC 464 if you enter a building intending to commit an offense while inside, then use explosives or a torch to blow open a safe, vault, or any other secure place. If the prosecutor charges you with violating Penal Code 464, he/she is required to prove these elements:

• You entered a building.
• While inside the building, you tried opening a vault, safe, or secure place.
• You accomplished the crime using explosives or a torch.
• When you entered the building, you had a specific intent to commit this or other offenses.

For you to face charges under this law, it does not matter whether you entered during the day or night or whether the building was inhabited or uninhabited. On the other hand, you will not be guilty under this law if you only attempted to open the vault or safe without entering the building.

Prosecutors usually charge the violation of PC 464 as a felony. The possible penalties you could face include the following:

• A fine that does not exceed $10,000.
• A jail term that does not exceed seven years in a state prison.

The judge can also award you formal or felony probation instead of prison time.

The defenses you could present to challenge PC 464 charges include the following:

• You had no explosive or torch.
• There was no safe or vault.
• You had no intent to commit theft or other offense.

Possession of Burglary Tools

It is a crime under Penal Code 466 for anyone to possess burglary tools to break into a watercraft, vehicle, structure, or dwelling. Penal Code 466 requires the prosecutor to prove these elements for you to face charges under this statute:

• You possessed a burglary tool.
• You intended to use the tool to commit burglary under Penal Code 459 PC.

The objects that are regarded as tools under the law include:

• Spark plug chips.
• Master keys.
• Picklocks.
• Tension bars.
• Slide hammers.
• Vise grip pliers.
• Key bits.

A violation of PC 466 is usually charged as a misdemeanor. The penalties you could face include the following:

• A fine that does not exceed $1,000.
• A jail term that does not exceed six months in a county jail as opposed to a state prison.

A possession charge does not affect your gun rights. In some cases, however, a possession charge could cause you to lose your right to possess or own a gun, especially for offenses that are prosecuted as felonies.

A charge under Penal Code 466 does not affect your immigration status. However, some offenses could lead to deportation or being marked as inadmissible for a non-citizen, especially if you commit an aggravated felony.

Your criminal defense attorney can help you create defenses that you can use to contest your PC 466 charges. Some of the defenses that could be used include the following:

• The police obtained burglary tools through illegal search and seizure.
• You did not have burglary tools.
• No intent to commit an offense.

Defenses to Burglary Charges

The defenses you could present to challenge your burglary charges include the following:

You Were Intoxicated

You could use intoxication as a defense to your burglary charges because it interferes with your ability to form the required specific intent. However, it must be that another person drugged you. Voluntary intoxication is, however, not a valid defense.

Police Misconduct

At times, law enforcers are eager to handle a case. Usually, this leads them to engage in acts that violate their rights. The unlawful acts they could commit include:

• Coercing you to confess.
• Violating your Fourth Amendment right against illegal searches.
• Asking leading questions of witnesses during a line-up.
• Fabricating or planting evidence.

Your attorney could file a Pitchess motion if police misconduct is a possibility. If the court grants your petition, you could see if other people have previously made similar complaints about the police. The judge could drop the charges against you if you prove that the police engaged in a pattern of misconduct.

Factual Innocence

It is common for the police to arrest innocent people by mistake. Proving that you did not engage in burglary is often the best strategy to contest your PC 459 charges. The police could arrest you by mistake because of the following:

• Someone else is accusing you falsely to pursue revenge on you.
• When accused falsely by a person with mental problems.
• Misleading evidence — For example, your fingerprints being found at the crime scene when you had only visited there innocently and with valid reasons.

Because of the above reasons, you need to seek the services of a criminal defense attorney immediately after the police arrest and charge you with burglary. A skilled attorney can identify weaknesses in the prosecutor’s case even if the evidence appears convincing. A competent attorney can also persuade the prosecutor to dismiss or reduce the charges against you.

You Had The Victim’s Consent

You could claim that your entry was legal since you had the owner’s permission to enter the building or structure. This defense is usually valid in certain circumstances. For example, the owner could have previously permitted you to enter the building and never revoked the consent. Even if you erroneously believed that you had consent to enter the building, the belief in the owner’s consent could be sufficient to challenge the case, assuming that the belief was reasonable.

You are a Victim of Entrapment

You could allege someone else convinced you to commit burglary when you otherwise would not have. Entrapment can be hard to prove but can be a valid defense to your burglary charges if you provide sufficient evidence.

You Had No Intent

The burden of proof lies with the prosecutor to show that you intended to commit a felony or theft when you entered a building or structure. The court could drop the charges against you if the prosecutor fails to prove your intent to commit the crime. Someone, for example, could have dragged you into the building, and you only decided to take something while inside. In this case, your attorney could use the drugging reason to contest your charges.

Alibi

If the police did not arrest you at the crime scene, you could use an alibi as a defense to challenge your burglary charges. You can avoid a conviction if you can present witnesses or other evidence to prove that you were somewhere else, far from the crime scene.

Plea Negotiations

At times, a complete defense is not possible. Therefore, you could seek the services of a seasoned attorney with a strong reputation with the court and the prosecutors. The attorney could help you negotiate a plea in which you plead ‘’nolo contendere’’ to a charge that attracts a lesser punishment. For example, the prosecutor could accuse you of illegally breaking and entering the building, and he/she does not have evidence that you had a deadly weapon at the time. In this case, you could plead guilty to second-degree burglary instead of being convicted of first-degree burglary.

The Building Was Abandoned

You could allege that the building was abandoned and unoccupied. While the prosecutor could try to prove that someone still owned the building, you could claim that the building was not maintained. You could also allege that the owner abandoned it decades ago and does not pay the applicable taxes.

Open to Public Access

Illegal entry into a building or structure is one of the elements of burglary. This means you entered a building without the owner’s consent. However, a burglary conviction is not valid if it is in a public building like a store or hospital. Similarly, if you mistakenly believed that you had permission to enter the building, this also disqualifies the element of intent, thus dropping the burglary charges.

Find a Criminal Defense Attorney Near Me

The laws surrounding the crime of burglary can be hard to understand. If you face first or second-degree burglary charges, you should consult an attorney who understands the courthouse, judges, and prosecutors. However, you do not have to figure out how to fight burglary charges alone. The penalties for committing burglary are incredibly severe, even if you did not steal anything upon entering a building or structure. Our criminal defense attorneys at Leah Legal can help you understand burglary charges and the potential penalties and navigate the justice system in Van Nuys, CA. Contact us at 818-484-1100 to speak to one of our attorneys.

Witness bribery is a grave offense that strikes at the very heart of the criminal justice system. It involves the act of unlawfully influencing, coercing, or manipulating witnesses in an attempt to obstruct justice, compromise the integrity of the legal process, and manipulate the outcome of a case.

Individuals facing criminal charges related to witness bribery find themselves in a highly precarious situation. The California legal system treats these offenses with utmost seriousness due to the potential harm they can cause to the pursuit of truth and justice. In this article, we explore the meaning of witness bribery, expected penalties, and how you can defend yourself.

The Meaning of Witness Bribery

Section 137 of the Penal Code defines what witness bribery is. According to section 137, this criminal offense occurs when a person unlawfully offers, gives, or promises something of value to witnesses or potential witnesses with the aim to alter or influence the testimony, statements, or actions of that witness in any legal proceeding.

Bribery can be committed directly or indirectly, and it encompasses various forms of inducement or reward, including but not limited to money, property, benefits, favors, or any other consideration. Witness bribery is a felony offense.

Upon conviction, it carries severe penalties. The specific penalties depend on the circumstances of the case, the amount or value of the bribe, and the potential impact on the legal proceeding.

Convictions for witness bribery may result in imprisonment, substantial fines, restitution, probation, and other negative consequences that can significantly impact an individual’s personal and professional life. The legal landscape surrounding witness bribery is complex; each case presents unique circumstances.

Suppose you are facing charges related to witness bribery in California. In that case, consulting a skilled criminal defense lawyer who can provide tailored advice and develop a solid defense strategy to protect your rights and interests is crucial.

What the Prosecution Must Prove

In a criminal lawsuit for bribery of a witness, the prosecution must prove certain elements to secure a conviction. Below, we list these elements:

• Making an offer, giving, or promising something of value.
• Intention to influence testimony or actions.
• Knowledge of witness status.
• Connection to a legal proceeding.

It is crucial to remember that the burden of proof lies with the prosecutor. If the prosecutor fails to prove any of these elements, the judge or jury may acquit the accused.

If you have been charged with witness bribery, it is essential to consult with a skilled criminal defense lawyer who can thoroughly analyze your case, challenge the prosecutor’s case, and protect your rights throughout the legal process. Below, we briefly analyze these elements:

Making an Offer, Giving, or Promising Something of Value

This element requires the prosecutor to establish that the accused provided or offered a benefit to witnesses or potential witnesses in the case. The ‘something of value’ can be in various forms and is not limited to monetary compensation.

It can include tangible assets such as money, property, gifts, or other material benefits. Additionally, it can involve intangible benefits such as favors, influence, promises of protection, or any form of consideration that may be enticing to the witness.

The prosecutor should present evidence demonstrating the accused’s direct or indirect involvement in the exchange or offer of something valuable to prove this element. This evidence can include witness testimony, surveillance footage, intercepted communications, financial documents, or any other relevant documentation supporting the claim.

It is worth noting that even the mere act of offering or promising something of value is sufficient to satisfy this element. The actual exchange or receipt of the benefit is not always necessary to establish witness bribery. What the court focuses on is the accused’s intent and actions to influence witnesses.

However, it is essential to remember that not all interactions or favors extended to a witness will amount to witness bribery. The context and intent behind the offer or promise are crucial. Genuine acts of goodwill, support, or ordinary gestures unrelated to influencing the witness’s testimony are generally not considered witness bribery.

To challenge this element, the defense may present evidence that disputes the intent to bribe the witness or provides an alternative explanation for the accused’s actions. A skilled criminal defense lawyer will analyze thoroughly the evidence, question the credibility of witness testimonies, and scrutinize the circumstances surrounding the alleged exchange of something of value.

Ultimately, the prosecutor bears the burden of proving beyond a reasonable doubt that the accused offered, gave, or promised something of value to the witness or potential witness. If there is reasonable doubt regarding this element, it can weaken the prosecution’s case and potentially lead to a favorable outcome for the accused.

Intention to Influence Testimony or Actions

This element requires the prosecutor to establish that the accused had an intention to influence, alter, or manipulate the witness’s behavior, statements, or testimony in a legal proceeding. To prove this element, the prosecutor must present evidence demonstrating the accused’s corrupt motive and purpose behind offering or promising something of value to the witness.

It is not enough to show that the accused had contact with the witness or engaged in general discussions; there must be evidence indicating an intention to influence the witness’s actions in the legal process. The prosecution may rely on various forms of evidence while proving this element.

They might present direct evidence, such as witness statements, recorded phone calls, or written communications, that explicitly reveal the accused’s aim to influence witnesses. Indirect evidence, such as the circumstances surrounding the offer, the timing of the communication, or the defendant’s relationship with the witness, can also infer intent.

The prosecutor must demonstrate that the accused specifically intended to sway the witness in a legal proceeding. This means that this element requires a connection between the alleged bribery and a pending or anticipated legal matter, such as a criminal trial, grand jury proceeding, or any other relevant legal proceeding where the testimony or actions of the witness would be significant.

Challenging this element of intent often involves scrutinizing the evidence the prosecution presents. A skilled defense attorney may explore alternative reasons for the accused’s actions, questioning whether there was a genuine intent or whether the interactions were misinterpreted or misconstrued.

The defense might also challenge the credibility of witness testimonies or argue that there is insufficient evidence to establish a corrupt intent. It is crucial to remember that the burden of proof lies with the prosecutor. If there is reasonable doubt regarding the intention to influence, it can weaken the prosecution’s case and potentially lead to a more favorable outcome for the accused.

Knowledge of Witness Status

This element requires the prosecutor to establish that the accused knew that the individual they offered, gave, or promised something of value was a witness or potential witness in a legal proceeding. To prove knowledge of witness status, the prosecution must present evidence demonstrating the accused’s awareness of the witness’s role and involvement in a legal matter.

This evidence can include communications, statements, or other interactions that indicate the accused’s knowledge of the witness’s status. The prosecution may rely on various types of evidence to establish this element.

They might present direct evidence, such as explicit statements or admissions by the accused acknowledging the status of the witness or discussing the legal proceeding. Indirect evidence, such as the context of the interactions between the accused and the witness or any prior knowledge of the witness’s involvement in the case, can also be used to infer the accused’s knowledge.

Notably, the element of knowledge requires that the accused was aware of the status of the witness during the alleged bribery or offer of something of value. This means that if the accused genuinely did not know or had no reason to know that the individual was a witness or potential witness, it may weaken the prosecution’s case regarding this element.

To challenge this element, the defense may examine the evidence the prosecution presents and explore the accused’s state of mind and awareness. The defense might argue that there was no knowledge of the witness’s status, highlight any lack of communication or information regarding the witness’s involvement, or present evidence that indicates a genuine lack of awareness.

Remember that the burden of proof lies with the prosecutor, who must establish the accused’s knowledge beyond a reasonable doubt. If there is reasonable doubt regarding the accused’s knowledge of the status of the witness, it can weaken the prosecution’s case.

Connection to a Legal Proceeding

This element requires the prosecutor to establish a link between the alleged bribery and a specific legal proceeding in which the witness’s testimony or actions are relevant. To prove this element, the prosecutor must present evidence demonstrating that the alleged bribery was directly related to a pending or anticipated legal matter.

This could include criminal lawsuits, grand jury proceedings, civil litigation, or other legal proceedings where the witness’s testimony or actions would have significance. The evidence the prosecution presents may include documentation of the ongoing legal matter, including court records, case filings, or subpoenas.

Additionally, the prosecutor may rely on witness statements or other testimonial evidence that establishes the relevance of the witness’s testimony or actions in the particular legal proceeding. Establishing the connection to a legal proceeding is crucial because it demonstrates that the accused’s actions were aimed at influencing the outcome of that specific case.

It establishes the motive behind the bribery, showing that the accused intended to obstruct justice, manipulate testimony, or compromise the integrity of the legal process. To challenge this element, the defense may scrutinize the evidence the prosecution presents and assess whether a substantial connection to a legal proceeding has been sufficiently established.

The defense might argue that there is a lack of evidence demonstrating the direct link connecting the bribery to the pending or anticipated legal matter. They may also explore alternative explanations for the accused’s actions, questioning whether the actions were unrelated to the legal proceeding or lacked any specific influence on the case.

Ultimately, the burden of proof lies with the prosecutor, who must establish the connection to a legal proceeding. If there is reasonable doubt regarding the connection, it can weaken the prosecution’s case.

The Punishments for Witness Bribery

Witness bribery is a serious offense in California, and it carries significant penalties upon conviction. The specific punishments for this criminal offense can vary depending on the case’s circumstances, the amount or value of the bribe, and the impact on the legal proceeding.

In California, bribery of a witness is generally classified as a felony offense. Below, we list the potential penalties:

• Imprisonment — A conviction for bribery of a witness can result in an imprisonment term not exceeding four years, depending on the offense’s severity.
• Fines — The court can impose huge fines for bribery of a witness as part of the penalty. The fine can vary based on the case’s specific circumstances, but it will not exceed $10,000.
• Restitution — The judge may order the convicted individual to pay restitution to the victim or affected parties. Restitution is intended to compensate for any financial or other losses suffered as a result of the bribery.
• Probation — In some cases, the court may impose probation as an alternative to imprisonment or in addition to a prison sentence. While on probation, the convicted individual must adhere to specific conditions and may be subject to supervision by a probation officer.
• Other consequences — Being convicted for bribery of a witness can result in various collateral consequences, including damage to one’s reputation, limitations on future employment prospects, loss of civil rights, and other legal consequences.

Note that the penalties for witness bribery can be enhanced if certain aggravating factors are present. For example, suppose the bribery involves a substantial amount of money and interferes with a high-profile or sensitive legal case or jeopardizes the safety or well-being of the individuals involved. In such cases, the court may impose more severe penalties.

If you have been charged with witness bribery in California, consulting with a skilled criminal defense lawyer is crucial. They can provide specific information and guidance tailored to your case and help protect your rights.

Defending Criminal Charges of Witness Bribery

When facing criminal charges of witness bribery, there are several legal defenses that a defendant may consider. It is essential to consult with a qualified attorney who can assess the specific details of your case and determine the most appropriate defense strategy.

Below, we discuss briefly the potential defenses you can consider:

• No intent — Bribery requires intent to influence the testimony of the witness or actions. If the prosecution can demonstrate that the defendant did not have the specific intention or that the actions were misinterpreted, it may undermine the prosecution’s case.
• Lack of knowledge — If the accused did not know that the individual being offered or promised something of value was a witness or potential witness, it might weaken the prosecution’s case. Lack of knowledge can be a defense if the defendant can prove that the accused had no reason to know the witness’s status.
• No evidence — The defense may challenge the evidence the prosecution presents. They may question the witness’s credibility, dispute the authenticity or admissibility of evidence, or show inconsistencies or gaps in the prosecution’s case.
• Entrapment — If it can be demonstrated that the defendant was coerced or induced by the police or another party to commit the act of bribery, the defendant may be acquitted.
• Duress or coercion — If the accused can show that they were forced or threatened into committing the act of bribery and had no reasonable alternative, it may serve as a defense.
• Lack of evidence of an official proceeding — Witness bribery generally requires a connection to a legal proceeding. If it can be shown that there was no pending or anticipated legal matter at the time of the alleged bribery, it may weaken the prosecution’s case.
• Mistaken identity — The defendant may use this defense if they can provide evidence that they were wrongly identified as the person committing the bribery or were not present during the alleged incident, it can serve as a defense.

Note that each case is unique, and these defenses’ viability depends on the specific facts and circumstances of your case. To apply any of these defenses, you must thoroughly analyze all the evidence the prosecution presents. Consulting with a skilled criminal defense lawyer is crucial to develop a solid defense strategy specific to your situation and to protect your rights throughout the legal process.

Find a Van Nuys Criminal Defense Lawyer Near Me

We urge you to seek legal representation promptly if you have been charged with witness bribery. Our experienced attorneys at Leah Legal in Los Angeles are committed to providing diligent and dedicated representation, fighting for your rights, and helping you navigate various legal complexities that can arise to achieve a favorable outcome in your case.

Remember, when it comes to witness bribery charges, you do not have to face them alone. We are here to stand by your side and provide guidance through this challenging time. Call us today at 818-484-1100 for a free consultation.

The offense of battery against a peace officer or police officer is a serious accusation in California, attracting misdemeanor or felony charges. It involves touching a peace officer or police officer offensively, resulting in a violation of their space. Upon facing arrest and detention, the prosecutor will inform you of the charges to help you prepare for the upcoming defense. Handling a criminal case requires being fully prepared, so you should consider working with an experienced criminal defense attorney.

The Nature of the Battery on a Peace or Police Office Offense

Committing battery on a peace officer is prohibited under Sections 243(b) and 243(c) of the California Penal Code. You risk facing arrest for the crime if you willfully touch a peace officer or police officer in a way that causes offense or harm to them.

Since battery is an offense by itself, the arresting officers can include a report on your actions to commit battery on the peace officer in question. For example, your case may involve hitting, slapping, or pushing the officer, among many other actions amounting to battery.

After you face arrest, the prosecutor may file a misdemeanor or felony charge against you, depending on the circumstances. For example, repeat offenders are more likely to face felony penalties if found guilty, resulting in harsher case outcomes. Despite this, many cases proceed to trial under misdemeanor charges, so you need to consult your defense attorney on the likely case trajectory for you.

Elements of Crime for the Prosecutor to Prove

Since your case falls within the criminal category, the prosecutor is responsible for preparing a lawsuit against you. The law imposes the burden of proof on the prosecution team because they represent the alleging party. As a result, the prosecutor must prove that you are guilty beyond a reasonable doubt and subsequently qualify for the assigned penalties.

During the case presentation, the prosecutor must have sufficient evidence of the accusations they raise to help them persuade the court of your guilt. Additionally, you must remain keen throughout their case presentation to pick up on any contradictory evidence in your case. In doing so, you and your defense attorney are better equipped to flag the discrepancies, allowing you to challenge the prosecutor’s case. The main elements of a crime that the prosecutor must prove are:

• You Attacked a peace Officer or Any Other Person Protected Under Duty

The prosecutor must begin their case by identifying the victim, particularly in their role as a peace officer or police officer. The law also protects any other person performing their duties in line with providing emergency, medical, and peacekeeping services.

Showing that the person in question was a police officer is straightforward for the prosecutor, as they only need to provide the person’s registration details. The prosecution team can also present the person’s badge, working records, and attestation attesting to their position in their department.

Similarly, the prosecutor can establish that the person in question was a peace officer by providing their qualifications and assignment to the roles. For example, they may partner with the alleged victim to provide documents establishing their position as a peace officer or obtain a formal letter from the officer’s department.

If your case involves battery on a protected person other than a peace officer or police officer, the prosecutor should elaborate on their specific role to strengthen their case. Your defense attorney will inform you of all the possible parties who may fall within this category in preparation for your defense. They include:

• Persons Working in the Probation Department

If you attack a probation officer or any other person in the probation department, you will face the same charge as attacking a peace or police officer. The justification for this is that they both promote justice and compliance with the law. Therefore, any attack on them violates their protection in the roles they serve.

The prosecutor can show that the alleged victim was an employee in the California probation department by obtaining their employment letter, a certification from their superior, and a spreadsheet indicating their daily roles. Additionally, the victim’s testimony is important evidence in your case, so you can expect them to testify in court.

• Paramedics and Emergency Medical Technicians

Additionally, EMTs or paramedics also fall within the protected category of people because of the nature of their services. As medical emergency service providers, their safety should always come first as they undertake their duties. Committing battery against them is a serious violation of the penal code provisions, warranting a criminal case against you.

• Officers Working in Custodial Roles

When you attack an officer maintaining custody in a police station or jail, you face charges under Section 243. The custodial officer’s role is to ensure that all detained persons remain in custody until their release on bail/bond or after their jail sentence.

You may have committed battery against the officer to try and escape the detention center, warranting more scrutiny and possible charges. If the investigating officers determine that you engaged in additional criminal offenses on top of attacking the officer, your case may involve different counts of charges. For example, escaping from police custody after committing battery is unlawful, leading to other legal implications.

• Officers Working in the California Highway Patrol

Traffic and highway patrol officers work towards promoting security and compliance with the law on the road, making them equivalent to peace officers and police officers in this context. Battery against them may involve physical touch using your vehicle as you try to intimidate them and escape the police highway stop. Although your actions may not cause serious injury to them, you are still liable for the offense if you did it to offend or harm them.

• Firefighters and Lifeguards

While lifeguards and firefighters work in the emergency response department, they have protected persons, and any battery on them is a criminal offense. While you may have justifications for attacking the person in question, the prosecutor can argue that your actions exposed the parties to harm, warranting your arrest. You will nevertheless have a chance to raise your defenses after the prosecutor rests their case.

• You Wilfully Touched the Victim Intending to Harm or Offend Them

Having established that the victim in question is an officer or a protected person in their duties, the prosecution team should show that your actions were willful. A wilful and intentional act is one that you commit on purpose and are fully aware of the effects you may cause.

Since the prosecutor must demonstrate your mental position to show that you acted purposefully, they often rely on circumstantial evidence. For example, if they can show that you crept up on the officer before battering them, they will have demonstrated that your actions were intentional.

The prosecution team can also demonstrate a willful and intentional act through the events that followed your attack. If you did not show remorse for your actions, it displays your intent to commit them, establishing the prosecutor’s position.

When showing that you touched the victim, the prosecutor must demonstrate that you came into physical contact with them. Doing so is critical for the prosecutor’s case because it distinguishes your actions from assault. An assault case involves similar elements to battery, except that the offender does not come into direct or indirect contact with the targeted victim.

The law allows the prosecutor to establish their case even if you only touched the victim slightly, as long as there was physical contact. Indirect contact with the victim is also a valid reason for the prosecutor to establish your case, and your defense attorney will note this technicality when preparing your defense. Indirect contact may come from throwing an object at the victim to harm or offend them instead of using your body to attack.

Although the minimum requirement is physical touch, the prosecutor should further establish your intention by showing that you acted rudely or angrily. Without this distinction, you can argue that the contact was innocent and that you did not intend any harm to the victim.

You, therefore, need to remain alert during the trial proceedings to determine whether the prosecutor mentions these important details. You can, however, worry less about grasping all the prosecutor’s argument points by working closely with your defense attorney.

• You Ought to Have Known the Victim’s Role as a Peace or Police Officer During Your Attack

The prosecutor will close their case by establishing that you should have reasonably known about your victim’s identity when you committed battery on them. Your knowledge of their role as an officer or a protected person performing their functions is important because it further shows your intention to break the law.

Identifying a peace officer should be fairly straightforward, especially because they wear uniforms to distinguish themselves from civilians. Similarly, emergency service providers have uniforms to show their roles, making it important for the general public to respect their presence.

The prosecutor’s evidence should demonstrate that the victim wore their uniform, meaning you should have known their identity and refrained from the attack. They may use photographs, surveillance footage, and witness testimonies to show that the person’s identity was identifiable.

Even if the protected person, peace officer, or police officer did not have their uniform on, they should have identified themselves to stop you from committing battery. For example, a police officer in civilian clothing can present their badge for verification. Other protected individuals may identify themselves with any confirmation, making you aware of their role.

The prosecutor’s goal in court is to show that you still proceeded with the battery even after learning of the victim’s identity. Their role as officers distinguishes the offense from a typical battery case involving any other civilian member, justifying the current proceedings.

Defenses for Committing Battery on a Peace or Police Officer

After the prosecutor rests their case, your criminal defense attorney can proceed with your defense case. The primary goal of raising defenses is to cast reasonable doubt on the prosecutor’s case and to justify your actions where relevant.

Although you may explore various defense arguments to persuade the court to acquit or reduce your sentence, not all are applicable. Based on this, you must carefully assess your case facts and circumstances to ensure your defenses strongly support your position. With an experienced defense attorney’s help, you can expect to present persuasive and justifiable counterarguments. They include:

You Committed Battery in Self-Defense

Relying on self-defense as a counter-argument for the defendant’s case can effectively persuade the judge to find you ‘not guilty.’ However, the defense requires that you meet a specific threshold that the law imposes on all people who commit violence to protect themselves.

Although you intend to avert harm when acting in self-defense, you must ensure that you are reasonably at risk of injury from the perpetrator. Based on this, you must genuinely fear for your safety, pushing you to retaliate to protect yourself.

Additionally, you must have considered an escape plan to avert the danger you believed in before resorting to violence. The law introduces this requirement to reduce the likelihood of violence, often putting both parties at risk of serious injuries. When presenting the defense, the judge wants to see the attempts to escape before committing battery.

The last threshold to meet is that you must have used violence proportional to the harm you faced. If the peace officer or police officer used physical force against you, you should not retaliate by using a weapon or other harmful objects to cause harm. If your defense meets all the requirements, you have a good chance of avoiding punishment.

The Victim was Not An Officer on Duty

Alternatively, you may argue that the victim is not a peace officer or police officer on duty, meaning that the charges you face are invalid. You can establish this position by showing that they were dismissed from their role or on sabbatical when the alleged offense occurred.

With your criminal defense attorney’s help, you can obtain all relevant documents to support this position. They will also help you ascertain that the officer’s contract or role was not a factor to consider by calling on witnesses and presenting the relevant documents in court during proceedings.

You Did Not Intend to Cause Harm

While you may have physically touched the peace officer or police officer, you can also argue that you did not do it intentionally to harm or offend them. You can justify your action by showing that the events were accidental. For example, if you tripped and accidentally pushed the officer, you can present evidence that you did not foresee the actions and did not mean to cause harm.

Penalties for Committing Battery On a Peace Officer or Police Officer

If the prosecutor’s case is stronger than the defenses you present, the judge finds you guilty of the offense. You will thus learn of the penalties you face during the sentencing hearing following your defense hearing.

Many battery cases against peace or police officers attract misdemeanor charges, resulting in penalties. If so, you will face a jail sentence of up to one year or a fine payment order of up to $2000.  

Felony charges apply if your offense resulted in physically harming the victim, especially if you used excessive force to commit the battery. The prosecutor will also check your criminal history to determine whether you have previously faced a similar charge. If you are a repeat offender, you are also likely to face felony charges and penalties. They include a jail sentence of up to three years, a fine of up to $10,000, or both.

The presiding judge exercises discretion when issuing the penalties, and they may adjust them to give the minimum, moderate, or maximum sentence. To do this, they rely on your case facts to assess the circumstances and any aggravating or mitigating elements.

Contact a Van Nuys Criminal Defense Attorney Near Me

Facing criminal charges for battering a peace officer or police officer is a criminal offense prohibited under the Penal Code. Violating the restrictions can therefore attract serious penalties, including jail sentences if the prosecutor successfully proves your case. You can counter their accusations against you by working with an experienced criminal defense attorney with experience defending similar claims. Thanks to their help, you can look forward to better chances of a favorable case outcome, including avoiding a jail sentence.

At Leah Legal, we offer high-quality criminal defense services tailored to your case’s needs. Our team has worked with hundreds of parties facing charges for committing battery on a peace officer over the years, giving them the skills and experience they need. We are also ready to represent you in court during hearings to ensure the judge and jury understand your position. We aim to provide all relevant evidence to aid your case effectively and persuade the judge to issue a positive outcome. If you or a loved one is facing battery on a peace officer or police officer in Van Nuys, California, call us today at 818-484-1100.

Many believe you must have committed a wrongful act to be accused of a criminal offense. But that is not true. You could be charged with a crime under California law even if you did not commit any wrongful acts. An example of this offense is the possession of burglary tools.

However, possessing burglary tools is not always a crime under the law. In some situations, you could face charges for possessing burglary tools; in others, no charges are warranted. So when does possessing burglary tools become a crime? Read along to find the answer in this blog.

When Possessing Burglary Tools Becomes a Crime

California PC 466 prohibits anybody from possessing particular tools proven to be items regularly used to break into homes, cars, or any other structures. However, possessing these tools is not unlawful in itself. It only becomes illegal when there is sufficient evidence to demonstrate criminal intent.

Essentially, the prosecution must demonstrate that you had a burglary tool in your possession or altered, made, or tried to alter or make one for the judge to find you guilty of violating PC 466. It must also prove that when you possessed the tool, you intended to commit the burglary offense, criminalized under PC 459.

Penal Code 466 sets down over fifteen types of items that are prevalently used to gain access or entry to a structure or car illegally, that is, burglary tools. These include slide hammers, vise grip pliers, key bits, picklocks, tension bars, spark plug chips, master keys, screwdrivers, crowbars, floor-safe door pullers, slim jims, tubular lock picks, lock pick guns, water-pump pliers, porcelain or ceramic spark plug chips, sledgehammers, crows, and bump keys.

Also, apart from the tools mentioned under PC 466, the law states that other instruments or tools that can accomplish unauthorized entry can be deemed burglary tools. Put otherwise, any other tool or instrument resembling those mentioned under the law qualifies as a burglary tool. Most tools that hobbyists or handymen may have in workshops or garages fit this description.

Possession Must Be Combined With Criminal or Felonious Intent for a Conviction to Occur

Simply having burglary tools is not sufficient to warrant prosecution. PC 466 states that, apart from having the tools, you must have a felonious or criminal intention to be convicted. That means an intention to commit the burglary offense.

You commit burglary if you enter a car, building, or structure with the specific intent to perpetrate petty theft or a felony once inside. And note that you can be convicted of burglary whether or not you succeeded in committing petty theft or a felony.

For example, if you are caught in a building or vehicle without the owner’s permission and have any burglary tools, intent to perpetrate the burglary offense or other offenses might be proven.

Criminal or Felonious Intent Can Be Inferred From Objects In Your Vehicle

A police officer can pull you over for breaking a traffic law, and if they see burglary instruments in plain sight or have probable cause to search your vehicle and find these tools, it will trigger some suspicion. However, evidence of your felonious or criminal intention can be solidified if the law enforcement officer further finds binoculars, ski masks, a building’s blueprint, keys, masking tape, dark clothing, and restraint equipment. These other instruments are generally used for surreptitiously approaching a building or car, knowing where to head once you enter the building or car, and restraining anybody unfortunately present at the scene.

Another example of criminal or felonious intent is when an officer observes a man putting on dark clothing and a hood on a hot night and carrying gloves, box cutters, a picklock, a wire, and a rock, looking into cars or homes, trying to force open a garage or window, or tapping on cars or house windows with the rock. However, the prosecution would likely need more evidence to prove criminal intent if the person was discovered merely walking by the roadside with the box cutters.

You Could Also Be Found Guilty of Possessing Burglary Tools Based On Circumstantial Evidence

Proving intent can be difficult for the prosecution. How will the prosecutor prove what you were thinking? To do this, they often rely on circumstantial evidence rather than direct evidence. Circumstantial evidence refers to a series or inference of evidence resulting in a reasonable deduction.

Put otherwise; because you probably will not send a text message or leave a note saying you intend to use a burglary tool to break into a building to steal or commit a felony, the prosecution will have to use other evidence that tends to prove what your intent was.

Examples of circumstantial evidence include fingerprints discovered on a gun used to execute a robbery offense, damage to a suspected hit-and-run perpetrator’s vehicle that concludes it was involved in a collision and that it struck the victim’s vehicle, gunshot residue discovered on an alleged shooter’s hand, or being caught in possession of a burglary tool and the blueprints of a building. The law does not differentiate between circumstantial and direct evidence for the finder of fact to consider.

How to Fight Charges for Possessing Burglary Tools

Although charges for possessing burglary tools are serious, there is a way you can fight them and avoid a conviction. The legal defenses you can use to fight the charges against you are:

• You did not intend to violate PC 459, burglary law.
• You did not possess any burglary tools.
• Law enforcement found the burglary tools through an illegal search and seizure.
• You do have a criminal history.

Remember, you are guilty of possessing burglary tools only if you intend to perpetrate burglary. You can therefore fight the prosecution’s case by saying you never acted with this intention. Merely having any of the burglary tools in your possession is not enough reason to show intent. If you had any of the other accessories that could be used for lookout, surveillance, restraining individuals, or showing a building’s layout, criminal or felonious intent could then be inferred.

Also, note that you would only be convicted if you had the burglary tool. That means an item mentioned under the law or any similar object. Therefore, it is valid to argue that you did not possess a burglary tool or any similar object or tool.

You could argue that what you had was not a burglary tool because it is not itemized under 466 PC and is not used to break into a car or building. You could further argue that the item you had is used as a common household accessory or for harmless activities. For example, as much as cell phones, binoculars, or masking tape can be considered burglary tools, they can also be used for harmless activities.

Lastly, authorities frequently charge this offense after searching a person and seizing evidence. However, law enforcement officers can only search someone or seize their property if they have a valid search warrant.

And if they do not have a warrant, they should have a valid reason for lacking one. If the police seized burglary tools from you during an illegal search and seizure or if their search exceeded the scope of their warrant, the judge can order that the tools be removed from evidence. This may result in your charges being dismissed or reduced.

Punishment You Can Face for Possessing Burglary Tools

Possession of burglary tools is considered a misdemeanor violation under the law. The crime carries custody in jail for a maximum of six months, informal probation for not more than three years, and a fine of up to one thousand dollars.

Most defendants face both burglary and possession of burglary tools charges. Burglary is classified as second or first-degree and could be a felony or misdemeanor. If the court finds you guilty of both charges, it will generally sentence you on the burglary charges and stay the PC 466 conviction.

The good news is that a conviction for possessing burglary tools will not affect your immigration status. In California, some offenses lead to an immigrant being labeled inadmissible or deported. An example is a conviction for a crime of moral turpitude or an aggravated felony. Possessing burglary tools does not fall under any of these categories of crimes.

A conviction for possessing burglary tools will also not harm your firearm rights. In certain cases, a California criminal conviction causes an accused person to lose their right to possess or own a firearm. An example is an offense prosecuted as a felony. Possessing burglary tools will, however, not result in the loss of your firearm rights.

Another good thing is that you can have your record expunged if convicted of possessing burglary tools. Even though a conviction under PC 466 does not usually have the same restrictions or obstacles on job seeking, housing, and civil liberties, it could still be used to decide whether you are promoted, hired, or can acquire a lease.

According to PC 1203.4, you may successfully expunge your criminal conviction, provided you never served time in prison. Because violating 466 PC is deemed a misdemeanor offense with no prison term imposed, being convicted under this law should qualify you for a record expungement if you further satisfy these other requirements:

• You completed probation or your jail sentence, whichever the judge imposed.
• You do not have pending criminal charges.
• You have not committed another violation.

An expungement clears a conviction from a criminal record. Your court-related records will not be destroyed, and the expungement will remain on police databases, even though they are inaccessible to the public.

This process is beneficial as no public member, including landlords, private employers, boyfriends, girlfriends, or anybody other than government agencies or law enforcement, will ever view that you have been found guilty of the crime. It also removes most of the challenges linked to a conviction, such as difficulty renting an apartment, enrolling in college, securing loans or employment, et cetera.

You can petition for an expungement on the date your probation term elapses. There is one exception where the judge did not impose probation. In this case, you must file your petition 12 months from your conviction date.

Other Violations Related to Possession of Burglary Tools

Three crimes are related to VC 466 violations, possessing burglary tools. They are Penal Code Section 602, trespass; Penal Code 16590, possession of prohibited weapons; and illegal acts with ignitions and keys.

You commit trespass when you enter or remain on another person’s property without authorization or the right to do so. If you trespass intending to commit the burglary offense and have a burglary tool or tools, you can be prosecuted under PC 466 and PC 602.

PC 16590, possessing prohibited weapons, prohibits selling, manufacturing, and possessing particular dangerous weapons. These weapons include short-barreled shotguns and brass knuckles. Some prohibited or dangerous weapons qualify as burglary tools. Therefore, if you are caught possessing a prohibited weapon that qualifies as a burglary tool, you could simultaneously be charged under PC 16590 and PC 466.

Lastly, several California statutes make certain acts with ignitions and keys unlawful. Some of them include:

• Penal Code Section 466.9, using or possessing code grabbing tool to disarm a vehicle’s security alarm system—under 466.9 PC, you are prohibited from possessing or using a tool that can disarm an automobile’s alarm if used or meant to be utilized to steal or gain illegal entry into the car. These tools capture the signal and play it back to disarm it. Violating this law is considered a misdemeanor, carrying not more than six months in custody and up to one thousand dollars in fines.
• Penal Code Section 466.8, illegal manufacturing of commercial or residential keys—even though you can sell, make, or give away keys for a business or home by a technique involving an on-site inspection, the law mandates you to remain with a receipt containing the name and identifying details of the key recipient for two years together with their signature. This law does not apply to the manufacturing of duplicate keys. Violating this law is considered a misdemeanor with a jail term of up to six months and up to one thousand dollars in fines.
• Penal Code Section PC 466.7, illegal possession of motor vehicle keys—you cannot have the keys to another person’s vehicle without authorization, provided you intend to break into or steal it. Doing so will be a misdemeanor offense with consequences including six months in custody and up to $1,000 in fines per PC 466.7.
• Penal Code Section 466.65, possessing tools for bypassing motorcycle ignition—it is easier to make away with motorcycles than passenger vehicles due to their weight and size. However, even if motorcycles are light enough, some devices can start them without the usual keys. If you sell, lend, give away, or possess a tool that could bypass the usual ignition procedure and start the bike, you are guilty of violating PC 466.65.

This law also applies to Allen wrenches, electrical tape, wire cutters, or other devices that could be used for stealing motorcycles. If you possess or lend these tools with the intent to steal a motorcycle, you will also face misdemeanor charges under this law. Consequences include not more than six months in custody and up to $1000 in fines.

• Penal Code Section 466.5, making or possessing automobile master keys—it is lawful to possess motor vehicle wheel lock master keys or automobile master keys provided you do not have criminal intent. Selling, advertising for sale, or manufacturing these items is an offense unless the user or buyer uses them for work. Put otherwise; know the individual to whom you are selling the keys, or you may be found guilty and face a fine of not more than $1000 and six months in custody under PC 466.5.
• Penal Code Section 466.1, providing or selling floor safe door pullers, tension bars, or lock picks—floor safe door pullers, tension bars, or lock picks are meant to be utilized to gain entry, lawfully or otherwise, into cars or buildings.

California law mandates that you keep a transaction receipt for a year if you give away, sell, or permit somebody to borrow these items. The receipt must have the name, address, telephone number, and signature of the individual to whom you gave or sold the items. Failure to do so will trigger misdemeanor charges carrying a jail sentence of six months, up to a thousand dollars in fines, or misdemeanor probation for up to three years per PC 466.1.

Find an Experienced Theft Crimes Defense Attorney Near Me

If you are under investigation or prosecution for possessing burglary tools, calling an experienced theft crime defense lawyer as soon as possible for help is the most appropriate step. These charges may not seem severe, but the collateral consequences could be more severe than you imagine.

This is because this crime is essentially an attempted burglary by nature. In the sense that had the police not arrested you, you would have broken into a building or structure with the tools you had to steal. To the eyes of the general public, it implies you are a thief, and this could hold you back more than any jail time, probation, or fines ever could.

At Leah Legal, we have successfully defended hundreds of cases involving the possession of burglary tools. Our initial consultation is cost-free, and we are readily available to answer any of your questions. Contact us today at 818-484-1100 if you are charged in Van Nuys, CA, and we will be pleased to help you obtain the best possible outcome.

Child endangerment involves putting a child’s well-being and safety at risk. You could face charges under PC 273(a) even if the minor did not suffer any physical injury. The focus is on the potential harm posed by your actions.

Child endangerment falls under the category of domestic violence, making the consequences of a conviction severe. The level of risk you pose to the child will influence the charges against you. If convicted, the impact on your freedom and future can be devastating.

When facing an arrest and charges under PC 273(a), seeking legal help is crucial. The choice of your legal representation can make all the difference between spending significant time behind bars or having the case dismissed and walking away free. A skilled attorney can protect your rights and secure a favorable case outcome.

How Does California Law Define Child Endangerment?

Child endangerment is a matter taken seriously in California’s legal system. Understanding its definition under Penal Code § 273a(a) is crucial to avoiding severe legal consequences. Let’s delve into the elements of this crime, the legal definitions involved, and real-life examples for better comprehension.

The “Elements Of The Crime” Of Child Endangerment

To convict you under Penal Code 273a(a), a prosecutor must prove specific elements beyond a reasonable doubt. These elements are like building blocks for their case. The key elements are:

You willfully engaged in one of these actions:

• Inflicted unjustifiable physical pain or mental suffering on a child willingly.
• Caused or willingly allowed a child to suffer unjustifiable physical pain or mental suffering.
• Caused or permitted injury to a child’s person or health while having custody of them.
• Put a child in a situation where their person or health is at risk while in your custody.
• You acted with criminal negligence when causing or permitting the child’s suffering, injury, or endangerment.

If you are the child’s parent, your actions were not reasonably disciplining the child.

The Legal Definition Of “Willfully”

Under California law, an act is “willful” if done intentionally, regardless of intent to break the law or cause harm. For example, consider Eva, a working mom with a two-year-old son, and her new boyfriend, Hiram. Although Eva didn’t mean to harm her child, she willingly let Hiram, who turned out to be violent, take care of him. This resulted in child endangerment charges for Eva.

Unjustifiable Physical Pain Or Mental Suffering

“Unjustifiable physical pain or mental suffering” refers to pain or suffering that is excessive or unnecessary given the circumstances. Actions resulting in undue pain or suffering fall under child endangerment.

The Legal Meaning Of “Criminal Negligence”

Criminal negligence goes beyond ordinary carelessness, inattention, or errors in judgment. To be criminally negligent, you must act recklessly, deviating significantly from how an ordinarily careful person would act in the same situation.

Your actions should display disregard for human life or indifference to the consequences, and a reasonable person in a similar situation would have foreseen harm resulting from such behavior.

Examples Of Criminal Negligence

Edward convinced his 14-year-old neighbor, Jason, to play “Russian Roulette,” resulting in Jason’s death. Edward’s act of providing a loaded gun to a child and encouraging him to pull the trigger was criminally negligent.

Brian ran a methamphetamine lab in his home, where his 6-year-old stepson lived part-time. Allowing a young child to be exposed to dangerous chemicals was criminally negligent.

However, it’s essential to recognize that not all actions that harm a child are considered criminally negligent. Acts resulting from ordinary carelessness, inattention, or mistakes in judgment are not classified as criminal negligence.

For example, Isabel left her four small children home alone while she went to a bar, leading to a tragic fire that killed her two-year-old. While Isabel’s actions were grossly negligent, they might not be criminally negligent since a reasonable person might not have foreseen the harm from her actions.

The Legal Definition Of “Great Bodily Injury”

In child endangerment cases, prosecutors may seek felony charges if the child faced a situation likely to cause “great bodily injury” or death. “Great bodily injury” refers to significant physical harm, excluding minor or trivial injuries.

Prosecutors focus on whether the child was placed in a situation likely to lead to injury, not whether the injury occurred.

What Are The Penalties For A 273a PC Violation?

Child endangerment is a serious offense in California, and understanding the possible penalties for violating Penal Code 273a(a) is essential to comprehending the legal consequences you might face.

Misdemeanor Penalties

If you are convicted of child endangerment as a misdemeanor, you could face the following penalties:

• A maximum of one year in county jail.
• Fines of up to $1,000.

Misdemeanor Probation

Sometimes, a judge may grant misdemeanor probation instead of jail time. If you receive misdemeanor probation, you must adhere to specific conditions set by the court. These conditions may include:

• Completing parenting classes. The court could order you to complete specific programs, including parenting or anger management courses.
• Attending counseling or therapy sessions.
• Obeying a restraining order prohibiting contact with the child. Violating these orders can lead to further legal complications.
• Complying with child custody orders. As the endangered child’s parents, the court may require that you follow specific child custody arrangements to ensure the safety and well-being of the child.
• Reporting to a probation officer at scheduled intervals. During these check-ins, the officer will assess your compliance with the probation terms and monitor your progress.
• Avoiding engaging in any further criminal activities. Committing any new offense during probation can lead to additional charges and harsher consequences.

Misdemeanor probation offers the opportunity to avoid jail time but also demands strict adherence to the court’s requirements. Failure to comply with probation terms can result in probation violation charges, leading to potential jail time or other penalties.

Felony Penalties

Felony child endangerment charges often arise when your actions result in significant harm or injury to the child or when certain aggravating factors are present. Child endangerment can be charged as a felony, leading to harsher penalties, including imprisonment for two, four, or six years.

Great Bodily Injury Enhancement

If the child involved in the endangerment case suffered “great bodily injury,” the prosecution may seek a “great bodily injury enhancement.” This enhancement can lead to increased penalties upon conviction, including an additional three to six years in state prison. The determination of “great bodily injury” is based on the severity and significance of the injuries sustained by the child.

Manslaughter Or Murder Penalties

In the most severe instances of child endangerment, where the child’s death occurs due to your actions, manslaughter or murder charges may apply. These charges carry far more severe penalties, including lengthy prison sentences and, in extreme cases, even life imprisonment.

Child Endangerment And California’s “Three Strikes” Law

Child endangerment offenses can also be “strikes” under California’s “Three Strikes” law. This law mandates harsher penalties for individuals with prior serious or violent felony convictions. A “strike” on your record could lead to more severe consequences if you are charged with any future criminal offense.

How Do I Fight The Charges In Court?

When facing child endangerment charges, you have legal rights and potential defenses to fight these charges in court. Below are various strategies you can use to defend yourself against allegations of child endangerment:

Someone Else Endangered the Child

Law enforcement and prosecutors often hastily attribute blame without fully investigating all potential parties involved in the child’s welfare. If you could prove that someone else, not you, was responsible for endangering the child, the court could not convict you of a PC 273a violation.

You want to gather pertinent evidence and reliable witnesses who can corroborate your claim for a positive outcome in your defense. The court can then examine your evidence and the circumstances surrounding your case. If your evidence proves beyond a reasonable doubt that the child was exposed to danger by someone else, the court will exonerate you from any criminal liability.

“Mistake of Fact”

Child endangerment accusations against you may arise due to a “mistake of fact.” Mistakes can occur when circumstances are unclear or details are not fully understood. Your attorney could argue that you misinterpreted a situation, leading to the alleged endangerment of the child.

Also, California’s mandatory reporting law further complicates child endangerment cases. This law requires professionals, such as doctors, teachers, and clergy, to report any suspected child endangerment to the authorities. Consequently, they may feel compelled to report even the slightest suspicion, potentially triggering an investigation and subsequent charges.

You must provide compelling evidence and build a comprehensive case to demonstrate that your actions were based on a genuine misunderstanding. Your attorney may interview witnesses and examine records, such as medical or school reports, to substantiate your version of events.

False Accusations

It is not uncommon for criminal cases to originate from false allegations made by a child or another individual, either out of manipulation, anger, or to cover up their misconduct. False accusations can arise during contentious situations such as divorce or when new partners enter the picture.

In such emotionally charged contexts, children might be influenced to make untrue statements against one parent as a means of retaliation or to gain favor with the other parent. Additionally, caretakers or individuals close to the child may level false accusations to divert attention from their own abusive behavior. Regardless of the motivations behind false accusations, the consequences can be severe, leading to arrests and child endangerment charges.

California law recognizes the concept of “innocent until proven guilty,” and the prosecution must demonstrate your guilt beyond a reasonable doubt. By countering false accusations with a compelling defense, you can effectively cast doubt on the prosecution’s case and assert your innocence.

You Were Reasonably Disciplining Your Child

California law recognizes a parent’s right to discipline their child through “reasonable” corporal punishment. Corporal punishment involves physical discipline, such as spanking, using a belt or paddle, sending the child to bed without supper, or confining them to their room.

If you are facing child endangerment charges, your defense attorney may argue that your actions were within the bounds of acceptable discipline and did not constitute child endangerment.

For example, Betty, a mother, takes her five-year-old son shopping for school clothes. While they are in the dressing room, the child throws a tantrum. Feeling frustrated, Betty uses a belt she brought along and smacks the child across the back of his bare thighs. A sales clerk witnesses this incident and becomes concerned, prompting them to call the store’s security guard, who then contacts the police. Betty is subsequently arrested and charged with child endangerment.

In this scenario, Betty’s defense attorney can argue that her actions were not criminal but rather a form of discipline. The defense may emphasize that Betty was dealing with a challenging situation, and under the circumstances, her actions were a reasonable attempt to discipline her child.

​​The defense will work to present evidence that supports the claim of reasonable discipline. This could involve testimonies from witnesses who attest to Betty’s generally good parenting skills and her love and care for the child.

The court will evaluate the case, considering whether Betty’s actions were reasonable and appropriate within the context of disciplining a young child. The defense must demonstrate that the discipline was not excessive, unjustifiable, or harmful to the child’s well-being.

The Act Was Not Willful or Did Not Amount to Criminal Negligence

The prosecution must establish that you acted willfully and with criminal negligence to secure your conviction for a PC 273a violation. A willful act is done purposefully and intentionally, with full awareness of its potential consequences.

Criminal negligence goes beyond ordinary carelessness or mistakes in judgment. It involves acting recklessly in a way that substantially deviates from how a reasonable and prudent person would act in similar circumstances. The act must display disregard for human life or indifference to the potential harm it may cause.

A strong defense can challenge these elements and argue that the act was not willful or did not amount to criminal negligence.

For example, Kate cooks dinner while watching her 3-year-old daughter. When the phone rings, Kate momentarily leaves the room to answer the call, placing her knife on the cutting board. During her absence, her curious daughter picks up the knife, cutting several of her fingers to the bone.

Kate’s defense attorney may argue that the act was not willful or criminally negligent. While Kate’s actions could be considered negligent, they may not meet the standard of criminal negligence. A reasonable person might assume that a three-year-old would not pick up a knife from the counter in the short time it took to answer the phone.

Are There Other Charges Filed In Connection With Child Endangerment?

Several related offenses could be charged alongside or instead of child endangerment, including:

Child Abuse, California PC 273d

Penal Code 273d makes it a crime to direct physical abuse at a minor, even if the injury is not severe. To secure a conviction, there must be some form of injury to the child, no matter how slight, triggered by physical abuse.

In California, child abuse is a “wobbler” offense. So the prosecution could charge you with a misdemeanor or a felony. For misdemeanor child abuse, sentencing could include up to one year in jail and a fine of up to $6,000. Felony child abuse can lead to a sentence of two, four, or six years in prison and a fine of up to $6,000.

Failure To Provide Care (Child Neglect), California PC 270

A failure to provide care charge, also known as child neglect, arises when a parent or guardian fails to provide physical necessities such as food, shelter, clothing, or medical care to their child. However, if the inability to provide such necessities is through no fault of the parent or guardian, they are not guilty of this crime.

PC 270 is charged as a misdemeanor and can result in up to one year in jail and a fine of $2,000. In certain situations, it can be charged as a felony, which may lead to a state prison sentence of one year and a day.

Lewd Acts With A Minor, California PC 288

Penal Code 288 addresses lewd acts with a minor, which involve improper touching of a minor child for sexual purposes. Lewd acts with a minor apply to children under 14 or 14 to 15 years old if the perpetrator is at least ten years older than the child.

Possible penalties for lewd acts with a minor vary depending on factors such as the victim’s age, the age difference between the perpetrator and the victim, and whether the perpetrator was the child’s caretaker.

A conviction for lewd acts with a minor can lead to significant prison time and a fine of up to $10,000.

Driving Under The Influence  (DUI) with a Child in the Car

In California, driving under the influence (DUI) laws apply to operating a vehicle while impaired by drugs and alcohol. Child endangerment charges can be added to the DUI offense when a child is in the car, leading to enhanced penalties. The DUI penalties depend on the number of prior DUI convictions, and the presence of a child can result in additional days added to the jail sentence.

California law also requires drivers with young children to use child restraint systems, further emphasizing the importance of child safety during travel.

Charges Involving The Death Of A Child

In tragic cases where a child dies due to endangerment, additional charges may be filed in addition to or instead of child endangerment. These charges include:

• Child Abuse Resulting in Death to a Child Under 8, California PC 273ab. This offense involves causing injuries to a child under the age of eight that result in death, paralysis, or coma. A conviction can lead to 25 years or life in state prison.
• Murder, PC 187. Killing a child with the intent to kill is charged as murder. Depending on the circumstances, it can be first-degree or second-degree murder, with penalties ranging from 15 years to life in state prison.
• Involuntary Manslaughter, California PC 192(b). When criminal negligence leads to a child’s death, it can be charged as involuntary manslaughter, carrying penalties that do not involve malice.

Furnishing Dangerous Fireworks To A Minor

California Health & Safety Code 12702 criminalizes selling, giving, or delivering dangerous fireworks to minors under 18. This misdemeanor offense can lead to up to one year in county jail and a $500 to $1,000 fine.

Relinquishing A Vehicle To A Minor, California PC 193.8a

Penal Code 193.8a makes it a crime to furnish or relinquish a motor vehicle to a minor who is not safe or legal to drive. This offense includes intoxicated minors, those not properly licensed, or those with a history of unsafe or reckless driving. PC 193.8a can be charged as a misdemeanor or an infraction, with a penalty of up to six months in county jail for a misdemeanor.

Find a Criminal Lawyer Near Me

If you or someone you know is facing a child endangerment investigation in Van Nuys, contacting a reputable defense lawyer could be your smartest move. At Leah Legal, we will closely examine your situation and strategize the best course of action, which may include negotiating with the prosecutors to secure the most favorable result for you. Call us at 818-484-1100 today if you need further assistance or guidance. We are here to lend a helping hand and provide the support you need during this challenging time.

The California sex offender law allows judges to order defendants to register as sex offenders if they engage in voluntary sexual activities with adolescent victims aged between 14 and 17 years. The judicial system considers the ages of both the victim and the perpetrator. Anyone who engages in sexual activity with a minor who isn’t of legal consent can face statutory rape charges. Sex offenders are often subject to sex offender registration, jail time, and court fines. Once released back into society, both the state and the general public can identify, track down, and be cautious of sex offenders.

The registration provides crucial information regarding convictions for sex crimes to the general public, as well as local and federal authorities. This law has been modified multiple times to suit the LGBTQ community. Therefore, if you’re a part of the LGBTQ group and you’re being accused of a sex crime, it’s important to know the implications of the newly passed amendment from a legal standpoint and how to defend yourself.

Understanding California’s Sex Offender Laws

California sex crimes are among the most severely punished offenses. They grossly violate the dignity of the victim. Individuals convicted for certain sexual-related crimes are required to register their full name and address in the sex offender registry, according to PEN 290.

It requires individuals to provide their identifying details to the local law enforcement department yearly. Sexual offenders have to sign up within 5 days of their birthdate and within 5 days of relocating. The goal is to let everyone know that there’s a sex offender in their midst, such as law enforcement at both federal and local levels and the public at large.

The registration requirements are significantly impacted by the nature of the underlying sex crime. Once Senate Bill 384 gets approved, California will implement a three-tier system for registering sex offenders beginning in January 2021. Most sexual offenses no longer mandate life registration for those found guilty.

The judge may order you to be listed under one of the following tiers, based on the type of crime you commit:

• Tier 1—you have to register for 10 years following your sentence as part of the registration requirement. This group features individuals who have been convicted for low-level sex crimes such as sexual battery and indecent exposure
• Tier 2—this entails registering with the sex offender registry for not less than 20 years. People who commit mid-level sex crimes, such as lascivious or lewd behavior with someone under the age of 18 or sodomy with a child, fall under this category
• Tier 3—if you match the requirements for this category, you’ll have to permanently enroll your details in the sex offender registry. This category primarily consists of individuals who have committed several sex crimes as well as more serious ones such as rape, sexual offenses against minors under 10, or trafficking children for sexual purposes

If the court sentences you for a sexual crime that carries a requirement for sex offender registration, you need to understand the expectations outlined under California PEN 290 and the necessary steps to fulfill your obligations under the law. Another option is to consult with and get assistance from an experienced criminal attorney.

California Sex Offender Law and The LGBTQ Community

California is regarded as one of the most liberal jurisdictions in the country when it comes to LGBTQ rights. In the 1970s, members of the LGBTQ group gained widespread recognition, and relationships between people of the same sexual orientation became legal in 1976. However, the community has long experienced prejudice, forcing them to remain silent about their sexual desires and keep their relationships hidden from the general public.

The state of California took a step further in 2003, introducing anti-discrimination laws based on gender expression, gender identity, and sexual orientation. Since then, transgender people are allowed to change their gender identity in all official documents without the necessity for medical care. Conversion therapy with children does not always necessitate the guidance of mental health specialists.

California’s laws are increasingly being amended to include the LGBTQ population. For example, California Governor Gavin Newsom adopted a new law in September 2021 to update one that allows courts to pinpoint certain sexual offenders if they engaged in consensual oral or anal intercourse with teenagers aged 14 years or above. The earlier regulation, known as statutory rape, prohibited any vaginal sexual acts involving a minor. However, it does prohibit circumstances in which an adult engages in oral or anal intercourse with an underage with their permission.

Historically, statutory rape statutes have targeted male offenders accused of engaging in sexual activities with female juveniles. This new amendment does not take into account the sexual orientation of the perpetrator or victim. When obtaining a conviction, the prosecutor will consider the child’s age, the age disparity between the child and the offender, and the specifics of the sexual activity.

Most people feel that the earlier sex offender laws prejudiced young LGBTQ individuals who had consensual intercourse with youngsters their age or younger. These people believe that judges ordering juveniles to be listed as sex offenders are unethical. Heterosexual offenders committing the same or very similar offenses, on the other hand, are not obligated to register. Since this provision allows for at least a ten-year age difference between the offender and the victim, there’s still much disagreement about the old sex offender statute.

Old sex offender laws have been criticized for being too lenient on pedophiles, regardless of who they apply to. The statutory rape statute is known to apply in situations where two young individuals fall in love and one of them turns eighteen years slightly before the other. Opponents of the old law argue that older persons over the age of eighteen who are involved in sexual activities with minors 14 years or older ought to be prosecuted.

Provisions of the Older Sex Offender Registration Statute

The state of California has long maintained legislation against sexual offenders. A criminal court magistrate could require a defendant to be listed as a sex offender if he or she had consensual sex with a minor between the ages of 14 and 17. The rule also applies where the age difference between the accused and the victim is less than ten years. The minimum age for obtaining consent in the state of California is 18.

Consequently, adults who indulge in sexual activities with minors under the age of 18 can be charged with statutory rape in several jurisdictions. That section of the underlying legislation remains unchanged. Nonetheless, the new amendment makes adjustments to the need to file as a sex offender. A judge’s ruling requiring you to be listed as a sex offender can last for a lifetime.

The New Amendment

The new revisions to the sex offender legislation took effect with the enactment of SB 145 into law. The new law doesn’t change California’s minimum age of consent for sexual activities. Furthermore, nothing changes when a child under the age of 13 is a victim of a sex crime.

The amendments expand the law’s requirements to include anal and oral intercourse alongside vaginal sex. The new rule allows the judges to penalize homosexuals who indulge in sexual activities with minors who are not less than 10 years older than them. Prosecutors and judges can consider matters involving young individuals participating in consensual sexual conduct, irrespective of the juvenile’s sexual orientation. All statutory rape cases can now be assessed individually.

The new amendments are contentious because of the nature of the topic it addresses. However, some individuals support the modifications. California welcomes all individuals, including members of the LGBTQ community. As a result, regardless of their appearance, preference, or identity, all Californians are obligated to be treated equally and fairly by the state’s legislation and court system. The major objective of this law is to protect minors from participating in sexual behaviors to which they don’t have consent. As a result, it should protect them against anyone who might take advantage of their innocence.

However, some critics of the new amendments argue that the ten-year age gap required between sexual offenders and their victims under the law is too lenient. Some argue that the age disparity promotes predatory conduct and that until other legal adjustments are made, most offenders would go unpunished.

It’s critical to recognize that substantial incidents of statutory rape are unlikely to go unpunished. The courts and prosecution team will deal with each case individually, based on the circumstances. As a result, people who perpetrate sex crimes against children are likely to face the repercussions that they deserve.

Expectations From the New Amendments

With the enactment of SB 145, magistrates have the discretion to make decisions in cases involving consensual vaginal sexual activities between an underage person and a young adult. If a perpetrator is no more than ten years older than the victim and engages in sexual relations with a juvenile between the ages of 14 and 17, the court can order the perpetrator to be listed in the state sex offender registry. The proposed revisions include consensual unions between same-sex young individuals when one is a child and the other can qualify as an adult.

Furthermore, the proposed changes broaden the scope of the magistrate’s discretion to include cases involving oral and anal intercourse. Before the modification, irrespective of whether the sexual acts were consenting or not, every adult who engaged in oral or anal sexual contact with a minor aged 14 to 17 was obligated to sign up in the registry.

The change takes into account different kinds of relationships that individuals currently experience, including heterosexual and homosexual relationships. It seems absurd to require homosexuals to automatically register after participating in consenting sexual behavior with a child. The old law was seen as discriminatory towards the LGBTQ community since legal systems had complete discretion in circumstances involving vaginal sex as opposed to oral or anal sex.

For example, if a 21-year-old individual engages in sexual behavior with a 17-year-old person, it is evident that statutory rape has occurred. However, according to the old statute, even if the perpetrator is found guilty of sexual behavior with a child, the court has complete discretion to either allow or deny the perpetrator’s registration as a sex offender. Even if the sexual activity was consensual, a 21-year-old person having oral or anal sex with a 17-year-old child would send the perpetrator straight to the state’s sex registry.

With the recent amendment, magistrates can consider each case on its own merits, determining whether or not the offense warrants an obligation for registration as a sex offender. The amendment doesn’t alter the necessity for anyone who has had sexual contact with a child under the age of 14 years to register.

Registering as a sex crime offender is a life-changing commitment. Your full name, address, and various other details, such as your photo, are all uploaded to the registry and can be accessed by anyone conducting a background check on you. This can affect both your professional and social lives.

It can also have an impact on how other people treat you. For example, if a prospective employer conducts background checks on candidates, they could reject your application even if you match all of the other criteria. Landlords can decline to lease to you or rent their properties if you have a conviction record of a sexual crime. If you’re facing charges for a sex-related crime, you should seek legal counsel and assistance to avoid being listed as a sexual offender.

Are Sex Offender Registration Obligations Applicable to Offenses Committed Before the Enactment of the Law?

Sex offender registration is applicable to all sex crime offenders, which includes those found guilty of registering offenses before the enactment of the new amendments or the adoption of sex offender registration requirements into a specific jurisdiction’s program. States are specifically bound to register sex offenders who stay in the criminal justice system as offenders, registrants, or supervisees, or who get back into the system after being convicted of another offense, whether or not the new offense is a sexual-related crime.

Are There Exceptions That Allow Certain Sexual Offenders To Be Removed From The Registry Earlier Than Others?

The Sex Offender Registration Act grants authorities the ability to reduce the registration time of sexual offenders in two distinct cases:

1. A tier I sex crime offender with a clean record could have their period of registration lowered from fifteen to ten years.
2. A sex crime offender who is forced to file for life registration as a result of a judgment of juvenile delinquency could have the registration revoked when they have maintained a clean record for 25 years and have not been convicted of any new crimes.

A sex offender has to meet all of the following requirements to maintain a clean record:

• Not have been found guilty of any crime for which a sentence of incarceration lasting longer than 1 year is issued.
• Not be found guilty of any sexual crime, regardless of the punishment.
• Maintain good conduct during any terms of probation, parole, or supervised release that might be required.
• Complete a court-ordered therapy program approved by the Attorney General or the local government.

How Frequently Does A Registered Sex Crime Offender Need to Verify Their Registration Details?

The registration demands that a sex crime offender show up in person, make it possible for the local authority to capture their photograph, and confirm the details in each state in which the sex offender must file a registration at least:

• Every year for tier I sex offenders.
• Once every 6 months for tier II sex offenders.
• Every 3 months for tier III sex offenders.

How Long Do Offenders Have To Register?

The minimum mandatory period of sex offender registration for a tier I sex offender is 15 years, 25 years for a tier II sex offender, and a lifetime registration for a tier III sex offender. The registration term starts once you’re released from jail for a sex crime conviction to imprisonment for the registration crime. For sex crime offenders who were not incarcerated, the period of registration starts at the time of conviction for the sex crime.

Find a Van Nuys Criminal Attorney Near Me

If you are convicted of a sexual offense, you may be required to register as a sex offender. However, the outcome of your case depends on the specific details and circumstances involved. If you are part of the LGBT community, you need to stay informed about the recent updates to the sex offender registry and understand how they can potentially impact your sentence.

Do not hesitate to get in contact with our attorneys at Leah Legal in Van Nuys. Our team of experienced criminal defense attorneys will thoroughly investigate the specific details of your situation to contest the sexual offense charges that are at the core of the matter, as well as the requirement for sex crime offenders to be registered. Our goal is to reach a fair resolution for your issue. Call us today at 818-484-1100.

Clemency is leniency or mercy. It is usually referred to as executive clemency. Executive clemency is the power of the governor in state convictions or the president in federal criminal cases to pardon, grant commutation, reprieve, or amnesty to someone found guilty of a criminal offense.

There are several reasons for exercising executive clemency, including actual doubts regarding the offender’s guilt, humanitarian reasons like the illness of an aged inmate, an evident excessive sentence, to clear the criminal record of somebody who has proved public service or rehabilitation, or because the offender is the governor’s or president’s personal or political friend.

In California, any convicted offender can request executive clemency from the governor, even those sentenced to life imprisonment or death.

How Executive Clemency Works

When all other avenues to appeal a case have been pursued and have not yielded any fruit, applying for executive clemency might be an ideal option for a convicted offender who seeks post-conviction relief. When seeking executive clemency, the convicted person petitions the president for a federal violation or the governor for a state crime to request partial or full forgiveness of their criminal actions.

There are five kinds of clemency requests: restoration of civil rights, reprieves, sentence commutations, amnesty, and legal pardons.

• A commutation of a sentence does not grant the petitioner full forgiveness. Instead, it reduces the severity or length of their legal punishment. With commutations of sentences, the president or governor can also make an offender qualify for parole.
• A reprieve also does not cancel a convicted offender’s sentence. Instead, it postpones it. A reprieve is granted mainly in cases that involve capital punishment.
• Legal pardons grant the convicted person full forgiveness for the offenses they committed and the accompanying lawful punishment. But pardons, like reprieves and sentence commutations, do not delete the offender’s conviction but simply void or alter their sentence.
• Amnesty differs from the abovementioned clemency types in that it is a request to remove all legal records of the petitioner’s crime.
• Restoration of civil rights is another type of executive clemency that, if awarded, restores the civil rights the applicant lost when they were found guilty. These rights include, among others, the legal right to own or possess a gun, vote, hold government office, serve on a jury, et cetera.

How To Obtain Executive Clemency in California

To obtain executive clemency, you must apply for it, and to apply, you must:

• Inform the prosecutor of the state county (or counties if you seek clemency for multiple violations and were convicted in different counties) where you were prosecuted and convicted and sign an affidavit declaring you did so.
• Fill out and send a signed, notarized application of clemency to the governor’s office.

You can download both forms from the state governor’s website.

Notifying The D.A.

Before you apply for executive clemency, you must serve the D.A. with notice of intent to apply for executive clemency. You should send the notice to the district attorneys of all the counties where you were convicted. The notice form is provided alongside a downloadable executive clemency application form. You must use this form since it has a section for the district attorney to acknowledge receiving the notice.

You must send the notice to the D.A. before submitting your clemency application to the governor’s office. You must swear a notarized affidavit that the district attorney was informed of your intent to apply for clemency. You must submit the affidavit to the governor’s office and, with it, your executive clemency application. You must sign the affidavit in a notary’s presence.

You can find qualified notaries on the webpage of the Secretary of State. The district attorney will mail an acknowledgment of receipt of the notice to the Office of the Governor.

The governor must give the district attorney at least ten days’ notice before they can decide on your executive clemency application. One exception is when there is immediate danger of your death or your imprisonment term is within ten days of its expiration.

Even though it is unnecessary, it is recommended that you send the notice via a channel that provides evidence of receipt, for example, certified mail.

Once you have notified the prosecutor, they might submit a recommendation in writing to the state governor against or for executive clemency. The district attorney will additionally make reasonable attempts to inform the victim or victims of the violation or violations related to your application. The victim or victims and their families might also submit their recommendations to the state governor.

Applying for Clemency

Requesting executive clemency is a straightforward process. But you have to provide the following:

• The reason or reasons why you seek executive clemency.
• A listing of all of your convictions and circumstances.
• A statement on why you believe the governor should grant executive clemency.
• A statement of the reimbursement, if any, you paid to anyone for helping with obtaining executive clemency.

It is worth repeating that your application should be notarized. You should then send it via certified or regular mail to:

Governor’s Office

Attn: Legal Affairs

State Capitol Sacramento, CA 95814

You can notarize the application simultaneously with your affidavit of notice to the district attorney.

Not that no fee applies when applying for executive clemency. You may have to pay attorney’s fees if you hire an attorney to help obtain executive clemency, but you will not pay any application fee. And if you paid attorney’s fees, you must disclose them during your application.

What Happens Once the State Governor Receives Your Application for Executive Clemency?

Once you have applied for executive mercy or leniency, the state governor is entitled not to agree to or even consider your request. But if they do, they will likely refer the request to the BPH (Board of Parole Hearings). The BPH’s role is to evaluate the circumstances surrounding the application and suggest the ideal course of action. It will conduct a comprehensive probe and present its recommendations to the state governor regarding whether they should grant the request. The recommendations often include a summary of the crime, usually prepared by the district attorney.

During the board’s investigations, it may interview witnesses and victims (sometimes with help from local law enforcement from the area where the crime occurred) and take testimony under oath. Additionally, it may review a brief statement regarding the facts surrounding your case. The statement is usually given by the criminal court that convicted you.

The governor could also give the clemency application to the police and other relevant agencies for recommendations and investigations. They may also request more information from you based on what the Board of Parole Hearings recommends and reports.

Remember, the governor does not need to ask for the Board of Parole’s review or the reviews of other agencies.

The Board of Parole Meeting

If the state governor asks for a review of your application, the Board of Parole will perform a comprehensive investigation. When it completes its investigation, it will present its case to the Executive Board during a public meeting. You will be told when the Executive Board will decide on your case. You will be allowed to submit more information, although you will not be allowed to be present at the meeting.

The public, for example, victims, their families, and the community, will be allowed to air their opinions for five minutes each. Once the meeting ends, the Board of Parole will present its investigation findings and recommendations to the state governor. It will also inform you about the meeting’s outcome.

Note that if you have two or several past convictions for felony offenses, the governor must have the support of a majority of the supreme court justices before extending clemency. Therefore, in this case, if the state governor is willing to grant clemency, they must refer your request to the Supreme Court. However, the governor does not have to solicit the court’s permission and might ignore or decline the petition.

If the governor sends your application to the Supreme Court, it is considered a court proceeding. For the judge to grant clemency, at least four justices must agree to your petition. The president of the Supreme Court will write to the governor regarding the court’s recommendations.

When Is Executive Clemency Granted and When Is It Denied?

No stipulated factors are required for granting clemency under California law. The California Constitution grants absolute powers to the governor to exercise this power. The only restriction is the need for the approval of a majority of the justices of the California Supreme Court where an applicant has more than one conviction for felony offenses.

The factors the governor will consider once they have received your application for executive clemency include:

• The reasons for asking for clemency.
• The type of criminal offense for which you were convicted—the governor cannot grant you executive mercy if your crime is a military offense, a violation under the criminal statutes of another country or state, or a violation of federal law. As mentioned, you will petition the president for executive clemency if you violated federal law.
• The seriousness of your criminal conviction; for example, was the victim injured?
• The sentence imposed.
• Your age when you committed the violation and at the time of applying for executive clemency.
• The number of years of your sentence you have served.
• Your rehabilitation record.
• Any gang memberships.
• The fairness of the conviction.
• Your behavior while in prison or jail.
• The education you acquired while in incarceration, including teaching a class or being a tutor for others.
• The impact that granting executive clemency will have on the community or victim. That is, whether you pose any danger to the victim or community.
• A show of remorse for your crime.
• Public opinion about your crime.
• Evidence of victim restitution or efforts to right the wrongs.
• The D.A.’s and victim’s opinions regarding changing, shortening, or ending the sentence, which often includes an assessment of community safety if you are released.
• Whether you were subject to intimate partner violence.
• Whether you will have a place to live and a job if you are released.
• Any other elements that may be relevant, like criminal history or the likelihood of reoffending.

How Intimate Partner Violence Affects a Clemency Application

California law permits the Board of Parole to look at whether a convicted offender faced intimate partner violence and its impacts, which are described as evidence of the effects and nature of mental, emotional, or physical abuse against the behavior, perceptions, or beliefs of intimate partner violence victims if it seems that the criminal conduct was the consequence of the victimization.

For executive clemency purposes, an intimate or romantic partner refers to a former or current spouse, fiance, fiancee, cohabitant, domestic partner, girlfriend, boyfriend, or the father or mother of the convicted offender’s child.

Reasons you may be deemed subject to intimate violence include, among others, that you were a victim of an offense under these state domestic violence statutes:

• 273.5 PC, corporal injury to a cohabitant or spouse, or
• 243e1 PC, domestic battery.

Obtaining Clemency Is Not Easy

Executive clemency is rarely awarded. It is often granted in cases where there are actual doubts regarding the offender’s guilt, for humanitarian reasons like the illness of an aged inmate, an apparent excessive sentence, to clear the criminal record of somebody who has proved public service or rehabilitation, or because the offense is the governor’s or president’s personal or political friend.

Some forms of clemency, like sentence commutation, are granted only when it is evident that even though the offender was criminally liable for an offense, the imposed punishment was too severe, generally due to:

• Evidence of romantic or intimate partner abuse, such as battering.
• The offender’s young age during the commission of the crime.
• Statutes that were highly strict during sentence.

What Happens Next After Your Application Is Granted?

Since it is unnecessary that the governor even looks into an executive clemency application, stating how long it will take to grant clemency is impossible.

But after the governor grants your application, the parole board or prison, whichever is applicable, starts executing the new sentencing terms. The disposition and application are filed in the secretary of state’s office and then reported to the legislature before becoming public records. Particular details, for example, the contact address, are edited before publicizing the information.

The Office of the Governor will inform the Department of Justice (DOJ) that you have been granted executive clemency. The DOJ then notifies the FBI. These agencies then update their databases to reflect that you have been granted executive clemency for your conviction.

How a Lawyer Can Help You Obtain Clemency

If you are applying for executive clemency, you want to do so with a lawyer in your corner. There are several ways in which an experienced lawyer can assist you with your application. The following are only some of them:

• Conducting a preliminary background check on you. Conducting a preliminary background check can be challenging if you are not in contact with an attorney. Having a lawyer do a preliminary background check means you will know what to expect before applying for clemency.
• Having a lawyer search for your convictions in counties and the date they occurred—committing an error regarding this information may lead to the governor not considering your application. Lawyers understand how to conduct legal research and where to find the necessary details.
• Help complete your clemency petition. When you retain a lawyer, they can complete a clemency application on your behalf. For example, they can send out questionnaires to some clients to help them collect information, which they use to complete the application for you. Questionnaires may include questions regarding pending charges, incarceration, victims, and demographic details about yourself that can help complete the questions and categories on the application form. The questionnaire provides a straightforward way of answering questions about yourself and enables you to fill out the complicated application.
• With a lawyer representing you, you will have somebody in your corner who can communicate with victims, state lawyers, and the parole board on your behalf. You will not need to worry about understanding the legal process or talking to people.
• A lawyer will help you with any relevant proceedings. With a lawyer by your side, you can assure yourself that you have the best chance of being granted executive clemency. Clemency lawyers understand the system and process more comprehensively than anything or anyone else and will make you feel at ease when navigating these two aspects.

Find a Post-Conviction Relief Lawyer Near Me Experienced In Executive Clemency Matters

When you apply for executive clemency, your initial request may be your only opportunity. If the application is denied, you may have no legal right to file an appeal, and there may be no legal remedy once the denial happens because executive clemency is not a constitutional right but an act of mercy. We at Leah Legal can assist you in preparing and collecting all the documents and evidence necessary to develop a compelling case for executive clemency during your application.

Remember that, in the end; executive clemency is an act of compassion by the California governor and not a legal right to which you are entitled. Make your request stand out from others by hiring a reputable, skilled, and knowledgeable lawyer to assist you in seeking that second chance. If you are applying for executive clemency in Van Nuys, call us at 818-484-1100 for a complimentary consultation and evaluation of your eligibility to do so.

Stealing from a locked vehicle is prohibited under California law and is considered an offense known as “auto burglary.” If you have been charged with California auto burglary, there are several important things you should know about the statutes under PC 459. The first and most crucial step in defending yourself and protecting your rights, just like in any criminal case, is to seek the assistance of a professional criminal defense attorney. This blog delves deeper into the legal consequences of auto burglary.

An Overview of Auto Burglary

California auto burglary is considered a subcategory within the general offense of burglary. It falls under the provisions of PC 459 and involves both breaking into automobiles (auto burglary) and breaking into structures or vehicles to commit felony crimes other than stealing.

Auto burglary can be described as forced entry into a vehicle that is locked to steal the vehicle (also referred to as “grand theft auto”), stealing property from the automobile (petty theft/grand theft), or committing any felony crime while inside the automobile.

The following are the defining factors, or main elements, of the offense that need to be proven to be true to secure a conviction for auto burglary:

You Entered the Locked Vehicle

The provisions of California PC 459 specify that the vehicle’s doors or trunk should be locked. This means that to be found guilty of the allegations of auto burglary, you need to make some kind of alteration to the vehicle’s physical condition, such as breaking into it.

Therefore, whether or not the automobile’s door was locked is a key factor in an auto burglary case. If the car’s trunk was locked and you are accused of stealing something from it, that also serves as a locked vehicle. According to California’s law regarding auto burglary, the following are some examples of activities that can be considered “breaking into a locked vehicle”:

• Shattering a locked vehicle’s window to gain access to it.
• Gaining access to a vehicle without the permission of the owner by reaching through the open window and unlocking the door.
• Using a crowbar to get into a locked trunk.

“Entering” the Vehicle

The term “enter” refers to the action of a person’s body accessing a motor vehicle. It is also considered entering an automobile if an object under your control enters the vehicle. This constitutes an entry by you.

In other words, auto burglary can be committed by simply reaching through the window or by placing an object into an automobile without opening the door and getting one’s complete body inside.

You Intended to Perpetrate Petty Theft or a Felony Offense

You would be considered to have “entered” an automobile if any object under your control or a part of your body enters the automobile. The intention to engage in theft or a felony crime while inside the car is an essential component of California auto burglary.

If you illegally gained access to an automobile with no intention of perpetrating a felony or petty theft, you could face charges for a different offense instead of auto burglary. Auto burglary can also be defined as having the intent to carry out petty theft, a California misdemeanor offense, in addition to a felony. Petty theft can be defined as illegally taking anything from its rightful owner that is worth less than $950.

If you entered another individual’s locked automobile with no intention of stealing anything or perpetrating a California felony, you won’t be convicted of auto burglary. However, you are not required to have committed theft or a felony crime to be charged with auto burglary. All that counts is that you got into the vehicle intending to commit theft or a felony.

Definitions of Key Terms Used

To successfully defend yourself in court, you should be familiar with the phrases used in an auto burglary crime’s elements. These terms are explained below:

Vehicle

The provisions of California VC 670 define a vehicle as any device through which an individual or property can be moved, drawn, or propelled upon a roadway, except when the device is moved solely by human power or runs solely on stationary tracks or rails.

Cars, motorcycles, trucks, electric vehicles, and other equipment that fall under this classification count as vehicles under California law. Train cars, bicycles, skateboards, scooters, and other non-motorized objects that aren’t allowed on the highway don’t qualify as vehicles.

Locked

California law considers a vehicle to be locked if there’s proof that it has been accessed with force. As a result, for an action to be classified as auto burglary, there has to be proof of forceful entry.

Grand Theft

Grand theft (or grand larceny) occurs under PEN 487 if the labor, money, or personal or real property stolen is worth more than $950. Grand theft can also be committed if the property in question is a vehicle. If you forcefully access an automobile intending to steal it, you could face grand theft charges along with auto burglary.

Petty Theft

Petty theft (or petty larceny) is defined under PEN 490 as where the value of the labor, money, real property, or personal property stolen doesn’t exceed $950. If you forcefully gain access to an automobile to steal a wallet containing no more than $950, you could face petty larceny charges along with auto burglary.

Legal Penalties for California Auto Burglary

California auto burglary is classified as a “second-degree” crime, which means it’s a less serious type of burglary. Second-degree burglary is considered a “wobbler” offense, which means that the charges can be classified as either a misdemeanor or a felony, depending on the details of the case and your prior criminal record.

If you’re found guilty of a misdemeanor auto burglary, you could be sentenced to a maximum of one year in jail. On the other hand, if you’re found guilty of felony auto burglary, you could spend 16 months, two years, or three years in prison.

However, there is an exception to the norm that California auto burglary is considered a second-degree offense. If you forcefully entered an inhabited “trailer coach” intending to carry out theft or a felony crime, you could have perpetrated first-degree burglary.

Breaking into an occupied trailer coach is a serious crime. The sentence could include serving two, four, or six years in prison.

How to Defend Yourself Against the Charges

When it comes to your legal defense, rest assured that your attorney can present various compelling arguments based on the specific details of your case. With their expertise, they will be able to effectively challenge any accusations on your behalf. Some of these defenses include:

The Automobile Was Not Locked

Being able to prove that the vehicle’s doors or trunk were not locked is one of the most effective strategies to fight an auto burglary allegation. This argument is crucial since the trunk or doors of the automobile should be locked for an auto burglary offense to occur.

For instance, if you “pop” a closed trunk to access an unlocked car door and pull the latch, you won’t be convicted of auto burglary. The determination of whether or not the vehicle was locked, as well as the proof required to establish it was or was not, can be quite sophisticated. It is worth emphasizing that an auto burglary arrest doesn’t always end in a conviction.

Threats or Duress

If you committed auto burglary under duress because someone endangered your life or the lives of those you care about, you might not be convicted of the crime. You would have a valid defense if someone held a pistol to your head and told you to shatter a car window and steal stuff inside.

You Had No Intention Of Committing A Felony

The prosecutor should be able to demonstrate that you had the intention to perpetrate a felony or theft once inside the automobile. Your lawyer might be able to demonstrate that you had no intention of committing an offense once inside the automobile, and you could be able to get your auto burglary allegations dropped or reduced.

Insufficient Evidence

The legal argument of insufficient proof is linked to the other legal arguments discussed above. According to California statute, a jury shouldn’t find you guilty of the crime unless the prosecution can prove beyond any reasonable doubt that your acts conformed to the definition of auto burglary.

Assume there’s some circumstantial proof indicating your intention to take something inside the vehicle when you break into it, but no proof confirming that fact beyond any reasonable doubt. In this case, a defense lawyer may be able to assist you in arguing that the proof is insufficient to sustain a conviction.

False Identification

Your attorney could be able to show that you were mistakenly identified as the perpetrator of the crime. It is not unusual for a witness to misidentify someone, especially at night. If you were not involved in the act and were mistakenly identified as the offender, you would not be found guilty of auto burglary.

Crime Associated with Auto Burglary

Auto burglary is a serious offense that encompasses a range of criminal activities. These crimes, which involve breaking into vehicles to steal or vandalize, are a growing concern for both vehicle owners and law enforcement. The following are some of the offenses related to auto burglary:

Burglary

California auto burglary is classified as a subcategory of California burglary statutes. Both auto burglary and regular burglary are defined by the same law, PEN 459.

Burglary is described as entering any structure or habitation (including apartments, houses, stores, tents, boats, and outbuildings) to steal or commit another offense.

In general, burglary qualifies as first-degree if the property accessed is inhabited, that is, someone lives there. If this isn’t the case (as it applies to most auto burglary cases), then it’s considered second-degree burglary.

First-degree burglary is considered a felony, punishable by two, four, or six years in prison. A second-degree burglary crime is a wobbler. If convicted as a misdemeanor, the penalty is no more than twelve months in jail.

Second-degree burglary, as a felony crime, can result in the following penalties:

• Probation time with no more than one year behind bars.
• Sixteen months, two or three years behind bars.

If you carry out burglary and use explosives or a torch to unlock a vault, safe, or other secure facility inside the structure, you would have violated the provisions of PEN 464 burglary of a vault or safe also referred to as burglary using explosives. This is always a crime that can result in three, five, or seven years in jail.

Grand Theft Auto

California’s “grand theft auto” law makes it illegal to take another individual’s vehicle without obtaining the owner’s permission. The main motivation for someone breaking into a vehicle is to steal it. As a result, it’s not unexpected that grand theft auto is frequently charged alongside auto burglary. You can be accused of auto burglary by forcefully entering into a vehicle and stealing it, and later committing grand theft auto.

Grand theft auto is considered a wobbler crime. If the prosecution believes you planned to keep the vehicle permanently, you are more likely to face felony charges. You are more likely to face misdemeanor charges if the allegations suggest you were only temporarily using the car also known as joyriding.

Petty Theft/Grand Theft

Grand theft or petty theft is another offense that is often charged alongside auto burglary. Grand theft is defined under PC 487 as the act of stealing another person’s property if it is either:

• More than or equal to $950.
• Taken straight from the owner’s custody.
• The item falls under several specified categories, such as firearms or automobiles.

California law considers grand theft a wobbler crime, which means the prosecution can file for misdemeanor or felony charges.

Any other type of theft is classified as petty theft, which is a misdemeanor. You will likely face charges for auto burglary as well as either petty theft or grand theft, based on the nature and value of the item that was taken, if the allegation is that you broke into another individual’s vehicle to steal personal belongings that were in the vehicle, like a wallet or purse, a computer, laptop, computer, cell phone, or stereo equipment.

Take note that breaking into a vehicle is more serious compared to committing petty theft. A petty theft charge that includes an allegation of auto burglary is likely to become a felony offense.

Therefore, if you find yourself in such a situation, it’s essential to hire a lawyer who has specific experience defending clients against auto burglary charges. Your attorney can assist you in having the charges lowered or completely withdrawn.

Tampering With the Vehicle

Vehicle tampering, under VC 10852, is an offense that can be committed when the following events take place:

• Intentionally tampering with or destroying an automobile or its parts.
• Removing or breaking any component of a motor vehicle without the permission of the owner.

Tampering with a vehicle is considered a misdemeanor crime. The fact that tampering with an automobile is a less serious offense than breaking into a car makes it a helpful charge reduction option.

For instance, if the prosecutor can demonstrate that you forcefully entered an automobile but has very little tangible proof to show that you meant to engage in the theft or a felony crime while you were inside the automobile, they will have a hard time proving their case. Your lawyer can negotiate a plea deal that reduces the charges against you from auto burglary to tampering with the vehicle.

Looting

If you’re detained for auto burglary when a state of emergency is in effect, you could also face charges for looting. Looting is classified as a violation of PC 459 under California PC 463, and it can occur during a riot, flood, earthquake, or any other man-made or natural disaster. As a result of the facts surrounding the case, looting is considered to be a more serious crime than burglary. If you’re found guilty of looting, the court can sentence you to no more than three years behind bars.

What Defines A “Locked” Vehicle In Terms Of Auto Burglary?

An automobile is considered locked when its components interconnect or interlace in a way that requires some force to break the seal before the vehicle can be accessed. For instance, if chains are wrapped around the unsecured doors of a trailer coach without using a padlock, the trailer coach is not considered to be locked. This is because it is still possible to enter the vehicle without applying force.

Find a Burglary Defense Lawyer Near Me

Being accused of breaking into a vehicle can be a stressful experience. If you’re accused of auto burglary, you can contact one of the experienced Van Nuys attorneys at Leah Legal in Van Nuys. Our team has successfully defended clients accused of auto burglary crimes. If you or a loved one is facing such allegations, it is crucial to contact a knowledgeable member of our legal team without delay. Call us now at 818-484-1100.

We usually associate extortion crimes with high-profile victims like prominent and wealthy individuals or public figures. However, this crime does not target any particular group of people. In California, extortion happens when someone uses illegal threats or physical force to coerce another person into giving up something they own or into doing something else. If you are convicted of extortion, you could face lengthy jail time among other penalties. Read on to learn more.

The Definition of Extortion

Both California state law and federal law criminalize threatening or extorting a public official to coerce them into giving up an item of value or to exert influence over them. People who are accused of these crimes should understand the allegations against them and the potential consequences of a conviction.

Extortion in California

Extortion is illegal in California when someone engages in one or more of the following acts:

• Utilizes force or makes threats of using force to persuade someone to hand over property or money.
• As a public servant carrying out their duty on behalf of the general public to persuade someone else to give them property or money.
• Forces or threatens to utilize force to coerce a public official into carrying out a certain duty.

The threatened individual must also feel obliged to comply with the suggested action. The offender must intend to coerce the alleged victim into giving the offender money, anything valuable, or the agreement to perform a particular act. Additionally, the accused must also issue threats against either of the following:

• Threaten to wrongfully harm or injure the victim, another person, or the alleged victim’s property.
• Accuse them, or a member of their family, of committing a crime.
• Reveal a secret or create a controversy for them or a member of their family.

Every one of these components has a unique language with particular legal significance.

Threaten

California law does not require that the defendant cause the victim harm. Simply threatening to hurt them is sufficient. Threats of any kind, no matter how subdued, could be considered extortion.

Injury

The injury threatened or caused has to be unlawful, which means that the accused must lack the legal capacity to take any action.

Secret

California law provides a detailed definition of a secret. It’s something that the general public doesn’t know about, but it could cause damage to the plaintiff’s reputation. This secret needs to be the kind that would motivate someone to forgo money or other valuables or take formal action to keep it a secret.

An Official Act

Official acts are those that public officials commit while acting within the bounds of their position. Extortion could be committed, for instance, when a person tries to sway a congressperson’s vote.

A Performed Act

According to California law, a conviction for extortion requires the commission of the coerced act. The victim has to actually make the payment or carry out the action, rather than just promising to do so.

What Distinguishes Blackmail from Extortion?

Extortion and blackmail are both considered similar crimes under state law, although blackmail is more commonly known to the public. That is not to imply that extortion and blackmail are identical. As previously said, extortion entails using fear, coercion, or force, to persuade someone to offer you money, a property, or to perform a task for you.

In contrast, blackmail entails forcing someone to perform an action or offer something in return for you to maintain a secret. It is important to note that while blackmail is a kind of extortion, not every kind of extortion is deemed to be blackmail.

For instance, if you threatened to expose someone’s images demonstrating that they’re having an extramarital affair, that would be considered blackmail, however threatening to harm that person wouldn’t be considered blackmail, even though both of these actions fall under section 518 of the Penal Code.

Examples of Extortion

Extortion can take many forms, and all of them are punishable under the law. Some examples entail threatening to:

• Destroy a treasured Picasso painting when somebody refuses to surrender their precious stones.
• Expose evidence of a prosecuting attorney’s affair if she presses charges against you.
• Publish someone’s nude images when they don’t agree to have sexual intercourse with you, this is called sextortion.
• Accuse your ex-partner of rape when they fail to lend you their vehicle.
• Provide the police with proof that a suspect was involved in a criminal act when they do not hand over the title to their home.
• Taking someone’s child and giving threats to harm them more when they don’t pay their ransom (Take note that these instances can also involve other accusations including wrongful imprisonment, aggravated mayhem, kidnapping, aggravated battery, and torture).
• Get someone arrested using a fake warrant if they fail to pay you the money they owe.

The Penalties for Extortion in California

Punishments for extortion vary according to the specific charges brought against the perpetrator.

Felony Extortion

In California, extortion is often prosecuted as a felony offense. Extortion is a felony that carries a fine of $10,000 and a maximum prison sentence of 2, 3, or 4 years.

Misdemeanor Extortion

Extortion could also be charged as a misdemeanor if the accused creates fake documentation to suggest it’s a court order or is created to convince the alleged victim that it is real and that the offender intends to obtain property or a valuable item using that document. If found guilty, the offender faces a $10,000 fine and a maximum jail sentence of six months.

Attempted Extortion

When extortion is attempted but not carried out in its entirety, the perpetrator might be charged with attempted extortion. It could happen when the victim defied the coercion and did not comply.

It is possible to receive a felony or misdemeanor charge for an attempted extortion. If you are found guilty of committing a misdemeanor, you might face up to a year in jail and a monetary penalty of no less than $1,000.

The alternative sentencing for the offender is summary probation. For a felony attempted extortion, the potential sentences include felony probation, a maximum fine of $10,000, and 16 months, 2 years, or 3 years in jail.

Federal Extortion

Federal authorities can also file extortion charges. These accusations have a greater likelihood to be made when extortion or threats were made utilizing a method of interstate trade, for example using mail, email, phone, text message, or another wireless or wireless connection. Several types of extortion are also explicitly forbidden by federal law:

• Threats made against the head of state and his or her successors.
• Blackmail.
• Extortion by United States officials or personnel.
• Interstate communications.
• Bribes from public sector personnel.
• Sending threatening letters from a foreign country.
• Extortion and threats directed at foreign dignitaries, guests, or people under international protection.
• Sending threatening letters by mail.
• Obtaining extortionate proceeds.
• Threats made against former heads of state and other individuals.

Penalties for Attempted Extortion in California

In California, the majority of attempted crimes result in a punishment equal to half of the actual crime’s term. Extortion attempts are an unusual exception, and in cases where they are unsuccessful, charges are brought under Penal Code Section 524.

This offense is a wobbler, which means it has two possible classifications: misdemeanor or felony. The maximum punishment for a misdemeanor charge is a year in prison and a fine of one thousand dollars. The maximum punishment for a felony offense is 3 years behind bars and a fine of ten thousand dollars.

The court may decide to increase your prison term by a further period of imprisonment if the following conditions are met:

• The plaintiff or victim was mentally ill or incapacitated.
• A gang benefited from the extortion.
• The victim or accuser was a senior citizen.

Under Penal Code section 622, also known as the “Three Strikes Law,” a person could receive a strike when convicted of extortion to benefit a gang. If you’ve already been convicted of a felony, you risk spending at least 25 years in prison.

A conviction for extortion may result in felony probation rather than incarceration if you don’t have an extensive criminal history. During your probationary period, you will be subject to some restrictions and regulations that the court will order you to obey, including:

• Regularly meet with your probation officer assigned by the court.
• Participate in community service.
• Provide the victim with restitution.
• Promise not to break any laws.

Throughout your probation, your probation officer chosen by the court will keep an eye on you to make sure you’re following the rules. If you break any of the aforementioned rules, the officer could inform the judge, who will then determine whether to end, modify, or restore your probation under similar conditions.

When the court chooses to end the probationary period, you will spend the maximum amount of time granted under Penal Code 518 behind bars. As a result, if you have any questions about what you’re supposed to do or not while on felony probation, it’s crucial to ask your lawyer for clarification.

It is important to note that a charge of extortion by threatening letter, which is brought under section 523 of the Penal Code, is deemed complete regardless of whether the victim pays or conducts a service. That’s because this crime makes it illegal to write a letter of intimidation for the sake of extortion.

Defenses Against Extortion Charges

If you’ve been charged with extortion, you have the right to dispute the charges, as with other crimes. To reduce the potential punishment you face, negotiating a plea deal is occasionally the most sensible course of action. In some situations, you might want to enter a not-guilty plea.

A knowledgeable lawyer can review the exact extortion statute you are suspected of breaking, the proof presented against you, along other pertinent data to figure out the best line of action for your case.

There are situations in which the person who is being charged with committing the offense is, in fact, the victim. For instance, a man going through a contentious divorce with his spouse could say that she was threatening to accuse him of domestic abuse if he refused to allow her custody of their children, yet in actuality, he lied so she could lose custody. It is common practice to use false accusations as a defense against extortion allegations.

If you’ve been charged with successfully blackmailing another person and they haven’t paid up, you can use that as evidence that the extortion attempts were futile. Even if you are found guilty, the charges against you may be reduced from a felony to a misdemeanor if you can successfully use this argument.

This argument will not be effective if the threats were communicated to the victim via a letter since it is against the law to write and send threats, regardless of whether the recipient pays.

The lack of sufficient proof is another typical defense to criminal accusations. It could be challenging for the prosecutor to win the case when the only proof of your guilt is the statement of the individual you allegedly tried to blackmail. This is especially true if you do not have a previous record of other individuals making similar accusations against you.

Your blackmail defense lawyer can assist you in avoiding being victimized by police who could falsely claim that they possess more proof than they have to coerce you into confessing.

Having proof that no threats were made is another effective defense. According to PC Section 518, you will not be guilty if you just let someone know that you plan to tell others about their affair without requesting that they take any action to stop you.

To the same extent, threatening to sue someone who fails to pay your debt isn’t considered extortion but rather the exercise of your rights under the law. In a similar vein, if you’ve got a friend who has a track record of breaking into residences, you are not committing a crime when you simply threaten to report them to the authorities if they breach the law again.

However, extortion happens if you threaten to call the authorities on someone you know if he or she does not steal anything for you the next time they break into someone’s house.

Frequently Asked Questions On Extortion

People in general who are being held in prison by the law or who are the subject of an inquiry into an extortion allegation frequently have some questions to better understand their situation and what to anticipate as the case develops. The following are just a few of the often-asked questions about extortion:

Can I Be Deported After Being Convicted Of Extortion?

Extortion “counts” as a crime of moral turpitude, therefore a conviction could result in serious immigration repercussions, including deportation. Extortion is considered a crime of moral turpitude since it involves dishonest, vile, or depraved conduct that would startle a decent and moral person.

My Classmate Threatened to Bring Up My Shoplifting Incident To The Authorities If I Failed to Steal Something For Him. Could He Be Found Guilty Under Penal Code 518?

Even while your classmate should disclose any criminal conduct to the relevant officials, coercing you to do something illegal to get stuff could be considered extortion under Penal Code 518. You could still be prosecuted and found guilty of the claimed shoplifting crime under Penal Code 459.5 once he reports the matter to the authorities.

How to Respond If You Are Being Investigated for Alleged Extortion

What you do after learning that you are being investigated as a possible extortion perpetrator is crucial to the result of the matter. Following these guidelines will help you avoid more legal trouble:

Remain Silent

It is best to keep quiet during police interrogation, even when you know the claims against you are false. If a law enforcement official has the intention of obtaining potentially damning details about you, they may pretend to act nice toward you.

Therefore, it would be wise to keep quiet throughout the investigation until the officer specifically asks for your name and address.

Pay Attention to What the Police Officer Does to You

The way an officer treats you while conducting an inquiry could violate your legal rights. You should inform your lawyer if the police make an attempt or employ force to get you to provide information because such behavior is forbidden. The prosecutor can decide to dismiss the alleged accusations if the officer engaged in unlawful conduct while the case was being investigated.

Consult a Criminal Defense Attorney

among the most beneficial actions you can do if you are being investigated or arrested for extortion would be to retain legal counsel. Your defense lawyer will serve as your legal advisor and advocate within the complex and intricate procedure, which is unquestionably not meant to favor you.

Find a Skilled Extortion Attorney Near Me

If you are being accused of extortion, you shouldn’t take chances with your legal counsel. Blackmail is a serious crime that entails jail time and other serious repercussions that may make it difficult for you to get employment in the future.

The attorneys at Leah Legal in Van Nuys recognize that this is likely an incredibly challenging moment for you and your loved ones. Our attorneys are well-versed in the process of law and are available to help you get a favorable outcome for your case. Call us today at 818-484-1100 to get started on your defense.

Older individuals, often deemed vulnerable, are subject to abuse, especially in nursing homes. Prosecutors aggressively pursue any mistreatment inflicted upon the elderly due to their susceptibility to various forms of abuse, like physical harm, emotional distress, financial exploitation, or neglect.

The objective is to hold wrongdoers accountable, deter potential perpetrators, and protect older adults. Reporting mechanisms and investigative services are also established to support and safeguard vulnerable elderly individuals.

An allegation of abuse, especially when the victims are seniors, is grave. The potential penalties imposed are equally consequential.

What is the Legal Position on Nursing Home Abuse?

Seniors are individuals aged 65 years and older. The California Welfare and Institutions Code, particularly within Chapter 11 of the Elder Abuse and Dependent Adult Civil Protection Act, is designed to protect this age group against abuse and exploitation.

Per the law, seniors are dependent adults. Dependent adults are individuals aged 18 to 64 residing in California. They have physical or mental limitations that hinder their ability to perform regular activities or safeguard their rights. This definition includes those with physical or developmental disabilities and those whose abilities have diminished due to age.

Moreover, a dependent adult also covers individuals aged 18 to 64 admitted as inpatients to 24-hour health facilities, as defined in specific sections of the Health and Safety Code.

Nursing home abuse occurs when a victim aged 65 or older experiences one or more of the following forms of mistreatment in a nursing home or assisted living facility:

Physical Abuse

Physical abuse involves the deliberate use of force to cause bodily harm or pain to another person. In the context of elder abuse or nursing home abuse, it refers to intentional acts that harm or cause suffering to an elderly or dependent adult. This includes:

• Deliberately causing unjustifiable pain or suffering to an elderly resident.
• Unlawfully restraining them or false imprisonment.
• Improperly administering medications or engaging in sexual abuse.

Neglect

In nursing homes, neglect occurs when caregivers or responsible individuals do not meet the fundamental needs of elderly residents. These needs include food, water, hygiene, shelter, medical care, and protection from harm. Neglect can result in:

• Physical and emotional harm.
• Malnutrition.
• Injuries, and
• A decline in the overall health and quality of life for the victim of the neglect.

Emotional Abuse

Emotional abuse pertains to actions or behaviors that inflict emotional distress, pain, or suffering on an elderly or dependent adult. This mistreatment could involve verbal threats, isolation, insults, humiliation, intimidation, or any conduct that undermines the individual’s emotional well-being and self-esteem.

Emotional abuse can have severe and enduring impacts on the victim, affecting their mental health, self-esteem, and overall quality of life.

Financial Abuse

Financial abuse occurs when an elderly resident’s money or property is mismanaged. This occurs in violation of laws related to theft, embezzlement, or other financial misconduct. It is deemed to have occurred when a person or entity does any of the following:

• Takes, hides, acquires, misappropriates, or keeps personal or real property of an elder or dependent adult for wrongful use or with the intent to defraud, or both.
• Aids in taking, hiding, acquiring, misappropriating, or keeping personal or real property of an elder or dependent adult for wrongful use or with the intent to defraud, or both.
• Takes, hides, acquires, misappropriates, or keeps, or aids in taking, hiding, acquiring, misappropriating, or keeping personal or real property of an elder or dependent adult through undue influence, as defined in Section 15610.70

Investigations of Nursing Home Abuse

Nursing homes in California are subject to oversight and investigations conducted by several agencies and entities to ensure compliance with state regulations and the well-being of residents. These key organizations include:

1. Local Ombudsman

Long-Term Care Ombudsman Programs advocate for residents’ rights and well-being, addressing complaints related to care quality and living conditions within nursing homes.

The California Department of Aging operates the Ombudsman program. When the Ombudsman receives a complaint about nursing home elder abuse, an investigation is initiated. During this investigation, the local Ombudsman will communicate with several parties, including:

• The resident who is the alleged victim — The Ombudsman will engage with the elderly resident who is the alleged victim to gather information and address their concerns.
• The nursing home’s staff — Interviews with the nursing home’s staff members could be conducted to obtain their perspectives and insights into the situation.
• The nursing home’s administration — Discussions with the nursing home’s administration can provide further context and information related to the complaint.

Additionally, the Ombudsman typically conducts an on-site investigation by visiting the nursing home. This allows them to assess the conditions, speak directly with residents and staff, and gather evidence to determine the validity of the complaint.

When the Ombudsman identifies a legitimate complaint concerning nursing home elder abuse, they will forward the case to the California Department of Public Health.

Note: Mandated reporters, those individuals with a legal obligation to report known or suspected child or elder abuse, are responsible for notifying the appropriate authorities. This obligation extends to staff and administrators in nursing homes, who are recognized as mandated reporters. Their reporting duties include two vital steps:

• Reporting to the local ombudsman’s office — Mandated reporters often find it necessary to report elder abuse cases to the Ombudsman’s office.
• Reporting to a local law enforcement agency — In addition, mandated reporters are usually obligated to report known or suspected elder abuse cases to their local law enforcement agency. This step assumes utmost importance when elder abuse scenarios could involve criminal activities or pose immediate threats to the affected elderly individuals.

2. California Department of Public Health (CDPH)

Responsible for licensing and regulating healthcare facilities, CDPH conducts routine inspections and investigations to ensure facilities adhere to state laws and regulations.

Upon receiving cases from the Ombudsman, the California Department of Public Health commences its investigation and could take the following actions:

• Pursue civil penalties — CDPH could seek civil penalties against the nursing home or the implicated nursing home employee as part of its efforts to address regulatory non-compliance and ensure resident safety.
• Refer the case for criminal investigation — In more grave cases or those involving potential violations, CDPH will refer the case to the local district attorney’s office or the California Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse for a criminal investigation. This step is aimed at addressing instances of nursing home abuse that may necessitate legal action and prosecution.

3. California Attorney General’s Office

The AG’s office is tasked with investigating cases of abuse, neglect, and fraud in healthcare facilities. They could then take legal action against those involved in wrongdoing, depending on their findings. The AG’s office, in its preparation for the abuse case, will involve other departments, namely:

• California Department of Aging — Overseeing aging-related programs and services, including Adult Protective Services (APS), this department investigates allegations of abuse and neglect among dependent adults and seniors.
• Medicare and Medicaid Programs — Centers for Medicare & Medicaid Services (CMS) at the federal level conduct regular inspections and quality assessments of nursing homes participating in Medicare and Medicaid. They provide information on care quality through the Nursing Home Compare website.
• Local law enforcement agencies — Local law enforcement also plays a role in investigating criminal cases of abuse or neglect in nursing homes, including physical and sexual abuse or financial exploitation.

Penalties You Will Likely Face if Found Guilty of Elder Abuse

Penalties for nursing home abuse vary based on the unique circumstances of each case. The severity of the abuse, the resulting harm to the elderly resident, and the presence of criminal elements all factor into determining the appropriate penalties.

1. If the Case Involved a Risk of Death or Great Bodily Injury

When nursing home abuse involving circumstances likely to cause great bodily harm or death occurs, it is considered a “wobbler” offense. This means the prosecutor can file charges for this crime as either a misdemeanor or a felony.

The decision on how to file nursing home abuse charges is based on several factors, including:

• The facts of the case.
• Your criminal history.

If nursing home abuse in these conditions is charged as a misdemeanor, the potential penalties include:

• Summary or misdemeanor probation instead of a jail sentence.
• Jail sentence of up to one year in jail.
• A maximum fine of $6,000.

For felony nursing home abuse in these circumstances, the potential penalties are:

• Formal or felony probation instead of a prison sentence.
• 2, 3, or 4 years in prison.
• A maximum fine of $10,000.

If the victim of felony nursing home abuse suffers great bodily injury, you will also face an additional term in prison:

• Three years if the victim is under 70 years old.
• Five years if the victim is 70 or older.

If the victim dies as a result of the abuse, you will face an additional prison term of:

• Five years if the victim was under 70.
• Seven years if they were 70 or older.

2. If There Was No Risk of Death or Great Bodily Injury

Cases of elder abuse involving physical, emotional, or neglect, when they are not likely to result in great bodily injury or death, are categorized as misdemeanors.

The penalties associated with these misdemeanor offenses are as follows:

For a first offense:

• A potential sentence of up to six (6) months in jail.
• A fine of up to $1,000 or both.

For second and subsequent offenses:

• A potential sentence of up to one year in county jail.
• A maximum fine of $2,000 or both.

3. Financial Abuse of a Senior

Financial elder abuse committed by caretakers in a nursing home is categorized as a misdemeanor. These crimes occur when the value of the money or property taken is no more than $950. The potential penalties for this misdemeanor are:

• Up to one year in jail.
• A maximum fine of $1,000 or both.

However, when the value of the money or property taken in nursing home elder fraud exceeds $950, it becomes a “wobbler” offense. In these cases, the felony penalties for this more serious offense include:

• Two, three, or four years in jail.
• A fine of up to $10,000 or both.

Defenses Applicable in Nursing Home Abuse Cases

Facing nursing home abuse charges is serious. Having a proficient criminal defense attorney is vital to building a robust defense and attaining the most favorable result. Attorneys can employ various defenses, including:

1. False Accusations

Misconceptions about the emotional well-being of seniors in nursing homes are not uncommon. It is often assumed that unhappiness or dissatisfaction in an elderly individual signifies abuse. However, this assumption can be misleading.

Seniors, like individuals of any age, can experience unhappiness for various reasons unrelated to abuse. These assumptions can potentially lead to false accusations, which can have grave consequences for both the accused and the elderly individual in question.

The vulnerabilities associated with aging, like changes in bone density and muscle mass, make seniors more susceptible to physical issues like bruising, falls, and fractures. Additionally, cognitive conditions like dementia can affect their ability to distinguish reality from fiction. This can lead to situations where their emotional state is misunderstood, underscoring the need for careful assessments.

Accusations of elder abuse in nursing homes can be intricate. Colleagues and staff could also make accusations for reasons like diverting attention from their misconduct or addressing workplace conflicts. This complexity emphasizes the importance of impartial and comprehensive investigations to validate such claims.

2. Mistaken Identity

Undoubtedly, nursing home elder abuse is a harsh reality, and determining the culprits behind these acts can be a complex challenge.

An added layer of complexity in these cases arises from the widespread issue of memory loss among seniors, particularly those in nursing homes. It is not uncommon for individuals grappling with conditions like dementia to misidentify a caregiver or someone from their past as the alleged perpetrator.

This confusion amplifies the intricacy of investigations.

If the investigations were lacking, you have grounds to challenge the entire case, especially when there is no evidence to corroborate the allegation. Furthermore, nursing home abuse cases can take a distressing turn when financial losses or the disappearance of personal belongings surface while a caregiver is on duty.

The complexities associated with these scenarios could cast doubt on the accuracy of the accusations. Your attorney will conduct an independent, comprehensive, unbiased investigation to ascertain the truth. Any contradictions in support of the reported allegations will be presented as evidence to challenge the case.

3. Insufficient Evidence

This defense is critical in challenging the prosecution’s case. Your attorney will assert that the available evidence is insufficient to establish your guilt beyond a reasonable doubt.

This defense involves a meticulous analysis of the evidence, including witness credibility, the reliability of physical evidence, and the quality of the investigation. Its primary goal is to cast doubt on the accusations and secure an acquittal when there is insufficient proof to support the allegations.

The burden of proof rests squarely on the prosecution to prove their case. When this burden cannot be met, and there is a lack of substantial evidence to substantiate the accusations, you are entitled to acquittal.

Furthermore, in cases involving nursing home owners, the defense attorney could argue that the owner should not be held guilty of elder abuse charges in the absence of concrete evidence.

This evidence should demonstrate their knowledge or involvement in the abuse. Criminal liability typically depends on proving that you were aware of or were directly complicit in unlawful actions. Without this evidence, the owner should not face guilt.

Civil Lawsuits For Nursing Home Abuse

Civil lawsuits for nursing home abuse offer a legal remedy for victims or their families to pursue compensation when elder abuse or neglect has occurred in a nursing home or assisted living facility. These lawsuits can be directed at various responsible parties, including:

• Caregivers at nursing homes — These are individuals working directly with elderly residents. They include nurses, certified nursing assistants, and other staff members. If they have engaged in abusive or negligent conduct, they can be held accountable for their actions.
• Administrators and supervisors — Persons responsible for overseeing nursing home staff members, including administrators and supervisors, can also be legally liable if they have been negligent in their duties or permitted abuse to occur under their supervision.
• Owners or operators — In some cases, owners or operators of the nursing home could be implicated in the legal proceedings. This is particularly pertinent if there is evidence of systemic issues, inadequate oversight, or a pattern of abuse within the nursing home facility.

In cases of nursing home abuse, a victim who is mentally competent to make legal decisions can typically file a nursing home abuse lawsuit independently. However, if the victim is unable to do so due to physical or mental limitations, the victim’s family or a designated representative can step in and take legal action on their behalf.

Two standard methods of representing an abused nursing home resident when they are unable to do so themselves include:

• Power of Attorney (POA) — If the nursing home resident has previously granted a durable power of attorney to a trusted individual, that person can act on their behalf in legal matters, including filing a lawsuit. A durable power of attorney remains in effect even if the nursing home resident becomes incapacitated.
• Court-appointed guardianship — In cases where there is no existing power of attorney or if the abuse has rendered the resident incapacitated, a family member or another concerned party could petition the court to become the legal guardian of the abused individual. Once appointed as a guardian, they have the legal authority to make decisions on the resident’s behalf, including pursuing a nursing home abuse lawsuit.

Resolving a nursing home abuse lawsuit can be a time-consuming process, often taking several years if it proceeds to trial. Sometimes, an attorney could seek an out-of-court settlement with the wrongdoer(s) and their insurance company to expedite resolution. If a satisfactory settlement cannot be reached, the lawsuit will proceed to trial, where a jury will hear the evidence and decide.

In addition to seeking damages for the harm suffered, legal action in nursing home abuse cases could also aim to obtain an injunction. The injunction is a court order prohibiting the nursing home from engaging in dangerous or abusive practices. This injunction protects current and future residents of the facility from harm.

Contact a Criminal Defense Attorney Near Me

If you have been accused of nursing home abuse or are facing prosecution for the offense in Van Nuys, Leah Legal is ready to assist. Call us at 818-484-1100. We will guide and represent you throughout the process.

Few allegations are as serious and life-altering as those involving negligent homicide. Negligent homicide, often a lesser-known cousin of more widely recognized crimes like murder and voluntary manslaughter, poses its own set of legal challenges.

In this article, we will discuss the definition and elements of negligent homicide, the distinction between negligent homicide, murder, and voluntary manslaughter, and the critical factors shaping such cases’ outcomes. We will also explore the legal defenses available to those accused of negligent homicide and, most importantly, the pivotal role an adept attorney can play in securing the best possible outcome.

What is Negligent Homicide?

Negligent homicide, within the context of California law, represents a distinctive category of criminal offense that arises from unintentional yet reckless actions leading to the death of another person. Unlike more deliberate forms of homicide, such as murder or voluntary manslaughter, negligent homicide involves a lack of intent to cause harm.

Instead, the focus is on the defendant’s failure to exercise reasonable care or caution, resulting in a tragic outcome. Some people may also refer to this offense as “involuntary manslaughter.”

Distinguishing Between Murder, Voluntary Manslaughter, and Negligent Homicide

In California, the legal landscape surrounding homicide encompasses nuanced differences that hinge on intent, circumstances, and degrees of culpability. Murder involves the deliberate killing of another person with malice aforethought. This malice signifies a conscious intention to cause fatal harm or serious injury. First-degree murder may involve premeditation, while second-degree murder lacks premeditation but remains an intentional act.

Voluntary manslaughter, though still intentional, deviates from murder in terms of malice aforethought. This offense typically occurs in the heat of passion or during a sudden quarrel. The presence of provocation or the absence of premeditation distinguishes voluntary manslaughter from murder.

Negligent homicide diverges fundamentally from both murder and voluntary manslaughter due to its lack of intent. Instead, it results from the defendant’s failure to exercise reasonable care, displaying a reckless disregard for the safety of others. Negligent homicide cases hinge on proving negligence as a substantial factor in causing the death.

What the Prosecutor Must Prove to be Convicted of Negligent Homicide

In a negligent homicide case in California, the prosecutor must establish specific elements to secure a conviction. These elements define the nature and extent of the defendant’s negligence, linking it directly to the resulting fatality.

To succeed in a prosecution for negligent homicide, the following key elements must be proven:

• Negligence.
• Causation.

Successfully proving these elements is essential for the prosecutor to secure a conviction for negligent homicide. Here is a brief discussion of each of these elements:

Negligence

Negligence is a central and critical element in cases involving negligent homicide in California. It forms the foundation upon which the prosecution builds its case, alleging that the defendant’s failure to exercise reasonable care resulted in the tragic loss of life.

In a legal context, negligence refers to the failure to exercise the degree of care that a reasonably prudent person would under similar circumstances. It involves a breach of the duty of care owed to others, leading to foreseeable harm.

The standard for determining negligence often revolves around the hypothetical “reasonable person.” This is an objective standard, considering what a reasonably prudent person would do in the same situation. The defendant’s conduct is compared to what a person with ordinary prudence would do.

The concept of foreseeability is inherent in negligence cases. The prosecution may need to demonstrate that the harm resulting from the defendant’s negligence was reasonably foreseeable. If the consequences were unforeseeable, it might weaken the argument for negligence.

A duty of care is a legal obligation to act with a level of care and consideration for the safety of others. In negligent homicide cases, the prosecution must establish that the defendant owed a duty of care to the victim, and this duty was breached through negligent actions.

In some cases, mere negligence may not be enough. The prosecution might need to prove gross negligence, indicating a more severe departure from the standard of care. Gross negligence involves a reckless disregard for the safety of others.

Proving negligence can be complex, involving carefully examining the incident’s circumstances. Factors such as the defendant’s knowledge, awareness of risks, and the presence of any mitigating factors can influence the assessment of negligence.

Causation

Causation is a crucial element in negligent homicide cases, which is pivotal in connecting the defendant’s actions to the tragic outcome of a person’s death. Establishing causation is essential for the prosecution to attribute legal responsibility to the defendant and secure a conviction.

Causation in negligent homicide cases requires the prosecution to demonstrate a direct link between the defendant’s negligent actions and the death of the victim. It is not enough to merely prove negligence; there must be compelling evidence that the defendant’s conduct was a substantial factor in causing the fatality.

Courts often use the “substantial factor” test to assess causation. This test considers whether the defendant’s actions were a significant and essential factor in bringing about the death. If the death would not have occurred but for the defendant’s negligence, it strengthens the argument for causation.

The foreseeability of harm is an integral component of causation. The prosecution may need to establish that the harm resulting from the defendant’s negligent actions was reasonably foreseeable. If the consequences were unforeseeable, it could weaken the argument for causation.

Causation also considers the timing and proximity of the defendant’s actions to the resulting death. The closer in time and more direct the causal link, the stronger the argument for causation.

In some cases, there might be multiple causes contributing to a death. The prosecution must demonstrate that the defendant’s negligence was a substantial and necessary factor, even if other factors were present.

Causation is often framed in terms of the “but for” test. This means that “but for” the defendant’s negligent actions, the death would not have occurred. Establishing this direct connection reinforces the argument for causation.

Expert testimony may be utilized to establish the causal link between the defendant’s negligence and the death. Experts can provide insights into the cause of death, the impact of the defendant’s actions, and the foreseeability of harm.

Successfully proving causation is imperative for the prosecution in negligent homicide cases. For the defendant, defense strategies may involve challenging the strength of the causal link, presenting evidence of intervening causes, or disputing the foreseeability of harm. Legal representation is essential to navigate these complexities and ensure a fair and thorough examination of causation in the legal proceedings.

What are the Penalties for Negligent Homicide?

The penalties for negligent homicide in California can vary depending on several factors, including the degree of the offense, the specific circumstances of the case, and the presence of any aggravating or mitigating factors. In California, negligent homicide is categorized as a class 4 felony.

Upon conviction, you may face the following punishments:

• An imprisonment term of up to four years.
• A fine of up to $10,000.

Sometimes, the judge may sentence you to probation instead of imprisonment. The probation term may range between three to five years.

Legal Defenses in Negligent Homicide Cases

Legal defenses in negligent homicide cases aim to challenge the prosecution’s case by disputing elements such as negligence, causation, or establishing affirmative defenses. The specific strategy depends on the circumstances of the case.

Here are common legal defenses in negligent homicide cases:

• Lack of negligence.
• Intervening cause.
• Affirmative defenses.

Successfully using these defenses requires a comprehensive understanding of the facts surrounding the case, the applicable law, and strategic legal expertise. Individuals facing charges of negligent homicide should seek the guidance of an experienced criminal defense attorney who can assess the case’s specific details and develop a defense strategy tailored to the circumstances.

Below, we briefly discuss each of these defenses:

Lack of Negligence

The defense of lack of negligence is a critical aspect of a legal strategy in negligent homicide cases. This defense aims to challenge the prosecution’s assertion that the defendant failed to exercise reasonable care, a central element in establishing negligent homicide.

Negligence is often defined as a failure to exercise the level of care that a reasonably prudent person would under similar circumstances. The defense of lack of negligence involves arguing that the defendant did, in fact, exercise reasonable care and that their actions were consistent with what would be expected of a person in a similar situation.

The defense may present evidence and arguments focusing on the incident’s specific factual circumstances. This could include details about the defendant’s actions, decisions, and awareness of the situation.

Expert witnesses may be called upon to provide testimony supporting the defense’s position. For example, an expert in the relevant field may testify that the defendant’s actions were in line with industry standards or were reasonable given the circumstances.

If there are established protocols or procedures in the context of the incident, the defense may argue that the defendant adhered to these standards. This could involve demonstrating that the defendant followed established safety guidelines or professional standards.

The defense may also contend that the harm resulting from the defendant’s actions was not foreseeable. If the defendant could not reasonably anticipate the potential harm, it may weaken the argument for negligence.

Legal precedents and case law may be cited to support the defense’s position. If there are similar cases where actions akin to those of the defendant were deemed reasonable and not negligent, it could bolster the defense.

Detailed documentation or records related to the defendant’s actions may serve as evidence in support of the lack of negligence defense. This could include logs, reports, or other records demonstrating adherence to established practices.

Successfully employing the defense of lack of negligence requires a thorough examination of the facts and circumstances of the case. It involves presenting a compelling argument that the defendant’s actions were reasonable and in accordance with the standard of care expected in the given situation. Legal representation by an experienced criminal defense attorney is crucial to building and presenting a strong defense strategy tailored to the case’s specific details.

Intervening Cause

The defense of intervening cause is a legal strategy that aims to disrupt the chain of causation between the defendant’s actions and the resulting death in a negligent homicide case. An intervening cause is an independent event that occurs after the defendant’s alleged negligence and contributes to the harm or death.

This defense argues that the intervening cause, rather than the defendant’s actions, is the primary reason for the tragic outcome. The defense of intervening cause challenges the prosecution’s argument regarding causation. It contends that the harm would not have occurred “but for” the intervening cause, and therefore, the defendant’s actions should not be deemed the primary or sole cause of the death.

A vital aspect of this defense is the argument that the intervening cause was unforeseeable. If the defendant could not have reasonably anticipated the intervening cause, it strengthens the defense’s position that the chain of causation should be broken.

In legal terms, an intervening cause may be referred to as a superseding cause, meaning it supersedes the defendant’s actions as the dominant or responsible factor for the harm. Some examples of intervening causes might include the sudden onset of a medical emergency, the actions of a third party, or an unpredictable environmental event. Each of these events, if truly unforeseeable, can potentially serve as a basis for the defense.

The defense may call upon expert witnesses to testify about the nature of the intervening cause and its impact on the outcome. Expert opinions can be crucial in establishing that the intervening cause was significant and unforeseeable.

Proximate cause analysis involves examining the legal concept of foreseeability and whether the defendant’s actions were a proximate cause of the harm. The defense may argue that the intervening cause disrupted the proximate cause connection.

Suppose the defense successfully establishes the presence of a significant and unforeseeable intervening cause. In that case, it may impact the legal responsibility attributed to the defendant, potentially leading to a reduction of charges or an acquittal.

Affirmative Defenses

Affirmative defenses in the context of negligent homicide cases involve the assertion that, even if the defendant’s actions led to a fatality, there are legally recognized justifications or excuses that mitigate or negate criminal liability. Unlike general defenses that challenge the prosecution’s evidence, affirmative defenses involve acknowledging the defendant’s actions but provide a legal justification for those actions.

Here are some common affirmative defenses in negligent homicide cases:

• Self-defense or defense of others — This affirmative defense argues that the defendant’s actions were justified because they were acting in self-defense or defense of others.
• Accident — The defense of accident involves asserting that the death resulted from an unintentional, unforeseeable event. It contends that the defendant did not act with criminal negligence but that the incident occurred without the requisite criminal intent.
• Necessity — Necessity as an affirmative defense argues that the defendant’s actions were necessary to prevent greater harm. This defense asserts that, given the circumstances, the defendant had no reasonable alternative but to act as they did to avoid a more severe outcome.
• Duress — If the defendant can show that they acted under duress or the threat of immediate harm, it may serve as an affirmative defense. This defense contends that the defendant had no real choice but to act as they did due to external pressures or coercion.
• Involuntary intoxication — In cases where the defendant was involuntarily intoxicated (e.g., someone slipped a drug into their drink), the defense may argue that the defendant’s impaired state negates the necessary mental state for criminal liability.
• Mental incapacity — Affirmative defenses related to mental incapacity, such as insanity or diminished capacity, may be invoked. These defenses argue that the defendant lacked the mental capacity to form the requisite intent or understand the consequences of their actions.
• Consent — In some cases, particularly those involving risky activities, the defense of consent may be raised. This asserts that the victim knowingly and willingly accepted the risk associated with the defendant’s actions.
• Good Samaritan laws — Some jurisdictions have Good Samaritan laws that provide legal protection to individuals who, in good faith, attempt to render assistance or rescue someone in distress. This can serve as an affirmative defense for actions taken to prevent harm or save a life.

The availability and success of affirmative defenses can vary based on the case’s specific facts. Building a solid affirmative defense often requires a thorough understanding of the law, persuasive legal arguments, and compelling evidence. Individuals facing charges of negligent homicide should consult with an experienced criminal defense attorney to explore potential affirmative defenses tailored to their specific circumstances.

Find a Van Nuys Criminal Defense Lawyer Near Me

In the face of negligent homicide allegations, securing the services of an experienced criminal defense attorney becomes not just advisable but imperative. A skilled attorney serves as a guide, navigating the complexities of the legal system, challenging evidence, and tirelessly advocating for your rights and future.

At Leah Legal in Van Nuys, we stand ready to be your allies in this challenging journey. Our seasoned legal professionals bring a wealth of experience in defending individuals facing negligent homicide charges. We understand the gravity of the situation and are committed to crafting a defense strategy tailored to the unique circumstances of your case. Call us at 818-484-1100 for a free consultation.

The abuse and illicit distribution of prescription medications have become a pressing concern in today’s society, and Xanax, a commonly prescribed medication for anxiety and panic disorders, is no exception. While Xanax serves as a valuable drug in managing these mental health conditions when used as directed under a physician’s care, it has also found its way into the illicit drug market, leading to a surge in drug crimes involving this medication. This article aims to illuminate the substantial legal consequences that individuals may encounter when they misuse Xanax, particularly under the laws of California.

Understanding Xanax and Its Medical Uses

Xanax, the brand name for alprazolam, is a medication that falls under the category of benzodiazepines. It’s primarily prescribed to treat anxiety disorders, panic disorders, and occasionally used in the management of certain other conditions. As a central nervous system (CNS) depressant, Xanax works by enhancing the activity of a neurotransmitter called gamma-aminobutyric acid (GABA) in the brain. This, in turn, helps to reduce abnormal excitement and activity within the brain, leading to a calming and anxiety-reducing effect.

Common Drug Offenses Involving Xanax

Below are some of the most prevalent drug offenses involving Xanax in California:

Possession of Xanax Without a Prescription

Due to its potential for abuse and dependence, Xanax is classified as a Schedule IV controlled substance under the federal Controlled Substances Act. In the United States, prescription medications like Xanax can only be legally obtained with a valid prescription from a licensed healthcare provider. This prescription serves as a crucial safeguard to ensure that individuals who use Xanax receive appropriate medical supervision and dosages tailored to their specific needs. A healthcare provider assesses the patient’s medical history, symptoms, and potential risks before prescribing Xanax.

Legal Consequences

Possessing Xanax without a valid prescription is a violation of federal and state drug laws. The legal consequences of such possession can vary depending on several factors, including the quantity of Xanax in possession, and prior criminal history. In California, for example, Xanax possession without a prescription may result in misdemeanor charges. A conviction for possession of Xanax without a prescription can lead to imprisonment of up to 6 months, fines of $1,000, and/or informal probation.

Xanax Distribution and Sale

Distribution and sale of Xanax, outside the boundaries of legitimate pharmaceutical channels, involve providing the medication to individuals without valid prescriptions or engaging in the illicit drug trade. This can encompass various activities, such as selling Xanax to others and distributing it in exchange for money or other goods.

California, like other states, has laws governing the distribution and sale of controlled substances, including Xanax. These laws are designed to deter illegal drug trade, protect public health, and ensure that prescription medications are used safely and responsibly. Engaging in the distribution and sale of Xanax without proper authorization constitutes a violation of these laws, resulting in serious legal consequences.

Common Legal Consequences for Xanax Distribution and Sale

Individuals involved in the distribution and sale of Xanax in California may face a range of legal consequences, which can vary depending on several factors, including the quantity of Xanax involved, the presence of aggravating factors, and prior criminal history.

Depending on the severity of the offense, the distribution and sale of Xanax can lead to felony charges, which carry more severe penalties. Felony charges can result from factors like large quantities of Xanax, involvement in organized drug rings, or prior drug-related convictions. Conviction for distribution and sale of Xanax can lead to imprisonment of up to 3 years and maximum fines of $10,000. In some cases, individuals may be placed on probation, requiring regular check-ins with a probation officer and adherence to specific conditions, such as attending drug education or rehabilitation programs.

Xanax Manufacturing

Manufacturing Xanax involves the unlawful production of counterfeit Xanax pills or the unauthorized synthesis of alprazolam. Counterfeit Xanax pills are often designed to mimic the appearance of genuine prescription Xanax, creating a false sense of authenticity for unsuspecting individuals. The illegal synthesis of alprazolam occurs in clandestine laboratories, where the drug’s chemical composition is replicated without adherence to pharmaceutical quality and safety standards.

In California, the manufacturing of controlled substances like Xanax is strictly regulated by federal and state laws. Xanax is classified as a Schedule IV controlled substance under federal law, indicating its recognized medical value but also its potential for abuse and dependence. Engaging in the manufacturing of Xanax is a violation of these laws and can lead to severe legal consequences.

Legal Consequences for Xanax Manufacturing

Individuals involved in Xanax manufacturing face a range of legal consequences, which can vary depending on factors such as the scale of the operation, the quantity of counterfeit pills or synthesized alprazolam, and prior criminal history. Xanax manufacturing is often treated as a felony offense, which carries 3 years imprisonment, and a maximum fine of $10,000.

Aggravating Factors

Aggravating factors, in the context of criminal law, are circumstances or elements of a case that make the offense more serious or increase the severity of penalties. These factors are taken into consideration during legal proceedings and can result in harsher sentences for individuals who are found guilty of the underlying offense. In Xanax-related cases, aggravating factors can include various elements that, when present, contribute to a more severe legal outcome.

Common Aggravating Factors in Xanax Cases include:

• Possession of Large Quantities — One of the primary aggravating factors in Xanax cases is the possession of a significant quantity of the medication. Large quantities may suggest an intent to distribute, sell, or traffic Xanax, which can lead to more severe charges and penalties.
• Possession with Intent to Distribute — When individuals are found in possession of Xanax, and there is evidence to suggest that they intended to distribute or sell the medication, the charges can be escalated. Intent to distribute often results in felony charges with heavier penalties.
• Firearms and Weapons — Possession of Xanax while armed with firearms or other weapons is another significant aggravating factor. This combination can result in additional charges related to firearm possession and may lead to enhanced penalties.
• Prior Criminal Record — A prior criminal record, especially one that includes drug-related offenses, can be considered an aggravating factor in Xanax cases. Courts may impose harsher sentences for repeat offenders.
• Distribution Near Schools or Minors — If Xanax distribution or possession occurs near schools, playgrounds, or areas frequented by minors, it can lead to increased penalties due to concerns about the potential impact on vulnerable populations.
• Involvement in Organized Crime — When Xanax-related offenses are connected to organized criminal enterprises or drug trafficking operations, it can result in more severe charges and penalties.
• Injury or Death — If the misuse or distribution of Xanax leads to injury or death, the legal consequences can become extremely serious, potentially including charges of manslaughter or homicide.

Consequences of Aggravating Factors in Xanax Cases

The presence of aggravating factors can significantly impact the outcome of Xanax-related cases. The consequences can include:

Felony Charges

Aggravating factors often lead to felony charges, which carry more severe penalties than misdemeanors.

Increased Sentences

Defendants convicted with the presence of aggravating factors may receive longer prison sentences and heavier fines.

Loss of Rights

Convictions with aggravating factors can result in the loss of certain rights, such as the right to possess firearms.

Enhanced Probation or Parole Conditions

Probation or parole conditions may be more stringent for individuals with aggravating factors in their cases.

Building a Defense Strategy for Xanax-Related Charges

To mount an effective legal defense against these charges, it’s essential to understand the strategies and considerations involved. They include:

Negating the Elements of the Offense

To secure a conviction, the prosecution must prove that you committed every element of the charged offense beyond a reasonable doubt. Your defense strategy may involve challenging one or more elements of the offense, such as:

• Possession — You can argue that you did not possess the Xanax or that it was not in your control.
• Intent — If you are facing distribution or trafficking charges, you can assert that you did not have the intent to distribute or traffic Xanax.
• Knowledge — You may claim that you were unaware of the presence of Xanax, especially in cases where the medication was discovered in a shared space.

Unlawful Search and Seizure

The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement violated your Fourth Amendment rights during the investigation, your attorney may file a motion to suppress evidence obtained through an unlawful search or seizure. If successful, this could result in crucial evidence being excluded from the case, potentially leading to a dismissal or favorable plea bargain.

Chain of Custody Issues

Maintaining the integrity of evidence is essential in criminal cases. Your defense attorney will investigate the chain of custody to ensure that the Xanax seized by law enforcement was properly handled and preserved. Any lapses in the chain of custody could cast doubt on the authenticity and admissibility of the evidence.

Valid Prescription

If you were charged with Xanax possession without a valid prescription, presenting evidence of a legitimate prescription can be a strong defense. Your attorney will work to establish that you were using the medication under a doctor’s care and according to the prescribed dosage.

Medical Necessity

In some cases, individuals may possess Xanax out of medical necessity to treat a legitimate medical condition. Your defense may involve demonstrating that you had a legitimate medical need for Xanax, which can be a valid defense, particularly in possession cases.

Entrapment

If you were induced or pressured by law enforcement or an informant to commit Xanax-related offenses that you would not have otherwise committed, you may have an entrapment defense. This involves showing that you were coerced into the illegal activity.

Witness Credibility

If the prosecution’s case relies on witness testimony, your attorney may challenge the credibility of witnesses, such as informants or undercover agents. Establishing inconsistencies in their statements or demonstrating bias can weaken the prosecution’s case.

Related Offenses

Some offenses are in most cases charged together with or along with drug crimes involving Xanax. These offenses include:

Driving Under the Influence of Xanax

In California, DUI laws apply to the operation of motor vehicles under the influence of drugs, including prescription medications like Xanax. The legal limit for drugs, including prescription drugs, is “any amount that impairs your ability to drive safely.” This means that even if you have a valid prescription for Xanax, you can still be charged with a DUI if your ability to drive is impaired.

Penalties for Driving Under the Influence of Xanax in California

If you are arrested and convicted of driving under the influence of Xanax in California, you may face a range of penalties, which can vary depending on factors such as prior DUI convictions and the specific circumstances of your case. Common penalties for a first-time DUI offense involving Xanax can include License suspension, fines of up to $1,000, and probation. Note that a first-time DUI conviction typically doesn’t result in significant jail time, but it is possible, especially if there are aggravating factors.

Prescription Fraud

California Health and Safety Code section 11173 makes it unlawful to obtain or attempt to obtain a controlled substance, such as Xanax, by fraud, deceit, misrepresentation, subterfuge, or alteration of a prescription. This includes actions such as:

• Forging a prescription for Xanax.
• Altering the quantity or dosage of Xanax on a legitimate prescription.
• Using a stolen or counterfeit prescription pad to obtain Xanax.

It’s crucial to recognize that these actions are illegal, even if the individual committing them does not intend to distribute or sell the obtained Xanax.

Penalties for Xanax Prescription Fraud in California

The penalties for Xanax prescription fraud in California can be severe and may include both criminal and civil consequences:

Criminal charges for Xanax prescription fraud can result in misdemeanor or felony charges, depending on the specific circumstances of the case and the defendant’s prior criminal history.

• Misdemeanor charges may lead to penalties such as up to one year in county jail, fines, and probation.
• Felony charges can result in more substantial penalties, including state prison sentences, fines, and probation.

Possession of Drug Paraphernalia

California Health and Safety Code section 11364 prohibits the possession, sale, manufacture, or distribution of drug paraphernalia. Under this law, drug paraphernalia includes any items or equipment primarily intended for use in planting, cultivating, harvesting, processing, preparing, testing, analyzing, packaging, storing, concealing, or inhaling a controlled substance.

Common examples of drug paraphernalia may include:

• Pipes and bongs for smoking or inhaling substances.
• Needles or syringes for injecting drugs.
• Scales for weighing drugs.
• Containers or bags for storing or packaging drugs.
• Materials for manufacturing or processing controlled substances.

It’s essential to note that the intent to use these items for illicit drug-related activities is a key factor in determining whether an individual violates drug paraphernalia laws.

Penalties for Possession of Drug Paraphernalia

The penalties for possession of drug paraphernalia in California can vary depending on the specific circumstances of the case and whether the defendant has prior convictions. Common penalties for a first-time offense are charged as a misdemeanor and the penalties may include:

• Up to six months in county jail.
• Fines of up to $1,000.

For subsequent convictions or when related to specific drug offenses, the penalties can be more severe, potentially leading to felony charges and longer periods of incarceration.

Frequently Asked Questions About Drug Crimes Involving Xanax

We have compiled a list of frequently asked questions and answers to help you understand the topic better.

Can I Expunge Xanax-Related Convictions from My Record in California?

In some cases, it may be possible to expunge Xanax-related convictions from your record, but eligibility depends on factors like:

• Completion of Probation — In most cases, you must have completed probation or parole associated with the conviction. This includes fulfilling all terms and conditions set by the court, such as attending counseling or community service.
• No New Convictions — You must not have been convicted of any new crimes since the Xanax-related conviction you wish to expunge.
• Waiting Period — There may be a waiting period before you can apply for expungement, typically one year from the date of your conviction or the end of your probation, whichever is later.
• Misdemeanor or Felony —The eligibility criteria may vary based on whether the Xanax-related conviction was for a misdemeanor or felony offense. Felony offenses are often not eligible for expungement.

Can I Face Federal Charges for Xanax-Related Crimes in California?

Yes, especially in cases involving manufacturing and trafficking or large-scale distribution, federal authorities may become involved, leading to federal charges.

What Are the Legal Limits for Xanax-Related DUI in California?

California does not have specific legal limits for Xanax or other prescription drugs. DUI charges are often based on evidence of impairment rather than specific blood concentration levels.

Find a Van Nuys Criminal Defense Lawyer Near Me

If you or someone you know is facing Xanax-related drug charges, it is essential to seek legal counsel immediately. At Leah Legal in Van Nuys, we believe in a personalized approach to every case. We take the time to listen to your unique circumstances and develop a strategic defense tailored to your specific situation. Whether it’s challenging the evidence against you, negotiating for reduced charges, or exploring alternative sentencing options, we will advocate for your best interests. Call us today at 818-484-1100.

If you or someone you know is a student facing charges of school misconduct, it is crucial to have legal representation during the disciplinary hearing. The outcome of such proceedings can have significant consequences for the student’s future. To protect your rights and ensure a fair process, you should enlist the services of an experienced lawyer as soon as possible. If an unfavorable verdict is reached, the lawyer has the option to file a motion to review the case and strive to achieve a favorable outcome for the student. This blog explores Title IX proceedings in educational institutions, shedding light on how colleges and universities handle such matters.

An Overview of Title IX Proceedings

Title IX ensures equal treatment for all individuals in educational programs and activities. It prohibits any form of sex-based discrimination and guarantees that no one is excluded or denied benefits on these grounds. This legislation helps promote equality and provides opportunities for everyone in the United States.

Federal agencies should adhere to Title IX’s nondiscrimination mandate when providing grants of financial assistance. The U. S. Department of Education specifically provides financial assistance to a variety of educational institutions and eligible entities, ensuring strict compliance with this regulation.

The U. S. Department of Education has recently implemented significant changes to the Title IX regulations, marking an important milestone in updating and improving its implementation after more than 40 years. This notice-and-comment rulemaking process signifies a commitment to enhance the effectiveness of Title IX rules.

After reviewing a significant number of public comments, the U. S. Department of Education officially implemented the final Title IX regulations on May 6, 2020. The Department’s Office for Civil Rights (OCR) is now enforcing these regulations, which can be found in the Code of Federal Regulations at 34 CFR Part 106.

Title IX covers various types of discrimination, including unequal athletic opportunities, sexual harassment, sex-based discrimination in STEM programs and courses, and discrimination based on pregnancy. The Office for Civil Rights (OCR) addresses a more comprehensive list of issues under Title IX. Title IX not only protects individuals from retaliation for filing a complaint or advocating for their rights under Title IX, but it also prohibits employment discrimination based on sex.

It is important to note that complaints regarding employment discrimination are typically referred to the Equal Employment Opportunity Commission (EEOC) after being filed with the Office for Civil Rights (OCR).

Sexual Harassment Under Title IX Regulations

The US Department of Education has implemented a rule that defines sexual harassment, ensuring that all forms of misconduct based on sex are included. By doing so, they are prioritizing equal access to education, which is the fundamental purpose of Title IX.

These regulations provide a clear definition of sexual harassment as misconduct based on sex, covering a wide range of actions. It’s crucial to note that these actions are considered unacceptable not only on campus but also at off-campus events and activities where the institution maintains significant control.

These actions include the following:

• An employee using someone’s participation in unwelcome sexual conduct as a condition for providing educational benefits or aid. This behavior should be condemned and addressed in the workplace.
• The definition of sexual assault has expanded to encompass various forms, including domestic violence, stalking, and dating violence, based on gender. This broader definition is based on vital legislations like the Violence Against Women Reauthorization Act and the Jeanne Clery Act.
• Unacceptable behavior, such as sexual harassment or discrimination, can hinder a person’s ability to engage in educational programs. Dropping and addressing all forms of misconduct ensures equal access for every individual involved.

The US Department of Education has acknowledged the unique characteristics of educational environments, which can differ from traditional workplaces. Therefore, they have adopted a more specific definition of actionable sexual harassment to safeguard the First Amendment rights of all people involved. Determining whether conduct is based on sex doesn’t need an investigation into the subjective motives of the defendant.

When it comes to cases involving references to gender or sexual conduct, these facts alone can establish that the conduct is indeed “based on sex.” It’s important to note that, according to the preamble of the regulations, even if a recipient is unable to take action under the US Department of Education’s actionable sexual harassment definition, they still have the authority to address issues like harassing behavior through their non-Title IX regulations or codes of conduct.

Sexual Accusations

Sexual assault cases can have devastating consequences for students. The pressure from the government on colleges and institutions to enforce Title IX investigations and punishments only adds to the gravity of these situations. Failure to comply with Title IX regulations can result in the loss of vital federal funding, creating tension between institutions and the government.

The way college administrators handle Title IX proceedings without forensic expertise is concerning. Without specialized knowledge, there is a risk that cases involving sexual misconduct may not be thoroughly investigated, leading to unjust rulings. It is alarming that a simple accusation could have severe consequences for the students involved, resulting in a grave injustice. To ensure fairness and protect individuals from wrongful convictions, it’s crucial to incorporate legal expertise and proper forensic training into these proceedings.

Failure to comply with disciplinary rules can have serious consequences, including being registered as a sex offender and potentially facing imprisonment. Students should understand their constitutional rights and avoid making contradictory statements that may incriminate themselves. By respecting these guidelines, students can protect themselves from potential legal ramifications.

When discussing sexual assault cases, the topics of location and consent often come into question. Different institutions may have varying interpretations of what constitutes consent. However, taking a common-sense approach reveals that the reality of these situations is often more significant than one could initially assume.

Consent is another crucial aspect when engaging in sexual activities, and universities are increasingly recognizing its importance. By defining consent as an affirmative and conscious decision, they emphasize the need for clear and mutually understandable communication. This includes both non-verbal and verbal cues that demonstrate a willingness to participate.

It’s crucial to note that silence, passivity, or a lack of resistance shouldn’t be mistaken for consent. True consent necessitates active participation and clear communication from all parties involved. Both individuals should express their intentions and have a mutual understanding of the nature, extent, and purpose of any measure taken.

The Disciplinary Procedures

When it comes to disciplinary procedures, universities and colleges have the freedom to design their own systems. However, they should adhere to federal regulations. In Title IX cases, it is essential to have a system that is fair, efficient, thorough, and impartial. Both parties should have equal opportunities to present proof and call witnesses, ensuring a balanced process.

Title IX complaints are treated with the utmost seriousness and should be thoroughly investigated within sixty days of being filed. In some cases, if a witness is unavailable, the time limit could be extended. Upon receiving notification of the complaint, the accused should reach out to Title IX investigators to engage in a discussion about the case and evaluate the allegations. While legal counsel can offer guidance, it’s important to note that they cannot speak on behalf of the defendant. A thorough investigation will be conducted to address any concerns that have been fairly raised.

During the investigation, the investigators will conduct a thorough evaluation of both the complaints and any evidence provided by the reporting student. They will also assess the arguments presented by the accused and conduct inquiries into the reporting party. Once these steps are completed, they will review the final investigative report, which will include a comprehensive summary of all the evidence presented. Title IX investigators are committed to conducting a fair and thorough evaluation process.

The purpose of the report is to ascertain whether the alleged violations indeed occurred. If an educational institution suspects you of a crime, they will engage law enforcement, initiating a criminal investigation. As part of this procedure, there might be a recorded phone conversation between the victim and the accused. Once the investigation concludes, you will be notified about the subsequent steps.

In a Title IX investigation, the standard of proof differs from that in criminal prosecutions. While courts require proof beyond a reasonable doubt, Title IX investigations rely on a “preponderance of evidence” standard. This means that even if the hearing board is only slightly more convinced than not that the claims are true (50. 01% persuaded), you could face consequences. The final report is then submitted to the Title IX investigator, who will propose an appropriate penalty based on this evidence.

In cases of investigations, both the victim and accused students receive separate copies of the report via email. Consequences for misconduct can vary, ranging from class exclusion to probation, which may include community service, counseling, and restitution. Other potential outcomes include warnings, expulsion, deferred suspension for a specified period (such as a semester or a year), or removal from a group or school housing.

When a Recipient is Accountable for Sexual Violence or Harassment

Recipients should treat sexual harassment allegations seriously and respond appropriately. Merely being aware of such allegations is not enough. Intentional discrimination occurs when there is a deliberate indifference towards addressing the reported claims. Recipients cannot neglect or ignore the need to respond if they’re aware of or should have been aware of the harassment.

The obligation to respond under Title IX is only activated when the recipient has actual knowledge of the alleged conduct. This means that the recipient should have received notice from their Title IX coordinator or an official with the authority to take corrective measures on behalf of the recipient.

Notice occurs whenever a Title IX official or coordinator with authority receives information or becomes aware of a possible violation or incident. These include the following:

• The recipient hears about sexual harassment or receives allegations of sexual harassment from a victim or a third party like the victim’s parent, peer, or friend.
• Witnesses the harassment.
• Receives information by any other means.
• Receives a verbal or written complaint about harassment or allegations of the act.

Anyone can make a report, even if they are not the victim. If the recipient of the report has followed all required protocols or taken appropriate action based on the available information, they would not be held responsible. However, it’s important to note that the accused person can still face additional allegations of harassment.

Title IX Regulations and Rights

Title IX guarantees vital rights to students and staff against sexual harassment and gender discrimination and prohibits retribution. These protections extend to transgender individuals, as well as males and females. Additionally, Title IXa8 ensures that parenting learners are safeguarded by requiring educational institutions to provide equal opportunities for father-son and mother-daughter programs or services. This commitment ensures equal access for all.

The legislation ensures a fair and inclusive environment by prohibiting any form of discrimination or harassment that could result from an allegation. Examples of illegal retaliatory treatment include the following:

• Certain actions or violations can lead to expulsion or suspension from an institution or program.
• Denying participation in athletics, reassigning to less desirable positions on sports teams, or reducing the time spent participating in sports.
• Reducing your grades in academic courses.
• Harassment in school or the sports field.

How a Defense Attorney Can Help

Having competent legal counsel is crucial when it comes to Title IX proceedings. Given the potential for criminal allegations and punishments, it is essential to have proper representation to ensure a fair process. There are several reasons why you may need legal counsel:

Confidentiality

Navigating Title IX disciplinary proceedings can be overwhelming, especially without proper guidance. While there could be Title IX advisors available to assist you, it is important to note that they are employed by the institution and could form biased opinions that do not align with your best interests. Exercise caution when sharing information, as it could be used against you in a Title IX case or even in a court of law.

It is advisable to seek external support to ensure that your rights are protected throughout the process. Rest assured that any concerns you have should be kept strictly between you and your defense attorney. Your attorney has a professional duty to maintain confidentiality, ensuring that all information shared remains private.

Counseling and Defending

Ensuring that your institution’s Title IX policy meets the standards set by the federal government is crucial. It’s not enough to understand the general rules. You should address any potential unfairness in the policy. Additionally, it’s important to keep in mind that there could be variations in the specifications of Title IX policies for private and public educational institutions.

If you encounter an unjust policy or unfair procedure within an institution, you can rely on your attorney to take action. They can file a lawsuit against the institution and protect their rights by submitting a “litigation hold” note to the college or university. This strategic move will prevent any disciplinary actions or investigations from taking place while your case is being addressed. Rest assured that there are legal measures available to safeguard your interests, so you can stay confident in seeking justice.

Getting Ready for Legal Proceedings

When facing a Title IX case, it is crucial to enlist the services of a defense lawyer. They can offer guidance throughout the process, ensuring that any statements you make are not unintentionally used against you. If you’re uncertain about your next steps or find yourself in a challenging situation, you reach out to a Title IX defense lawyer. They will help you develop a strong defense strategy while ensuring that you avoid making any self-incriminating remarks.

A lawyer will guide you through the details of the allegations, ensuring that you understand what you are up against. If you are unfamiliar with the institution’s policies, they will help you navigate Title IX proceedings. Although they won’t directly defend you, a lawyer can assist in developing a strategic plan, gathering evidence and statements, and acting as your legal advisor throughout the entire process.

Find a Title IX Lawyer Near Me

At Leah Legal in Van Nuys, we understand the complexities involved in disciplinary systems within educational institutions and the serious nature of Title IX violations. Our team of attorneys has extensive experience handling such cases with the utmost effectiveness. If you are a student, faculty member, or parent facing a Title IX investigation or disciplinary proceeding, you should seek the guidance of an experienced attorney without delay.

We are ready to assist you in preparing your defense and providing the necessary support throughout the process. Our team of attorneys will work diligently to have the claims made against you dismissed, preserving your clean record. We know how important it is to make sure your future isn’t affected by what happens on college or university grounds. Call us today at 818-484-1100.

Gamma Hydroxybutyrate, also abbreviated as GHB, is a CNS (central nervous system) drug that doctors prescribe mainly to patients with sleep disorders. Although it is a prescription medication, GHB is often abused and used unlawfully, especially in nightclubs, due to its effects once it is in your system.

Due to its odorless and colorless nature, it is easy for someone with malicious intentions to mix it with your drink, making you unconscious. Because of this and other serious side effects this drug causes, law enforcement officers and prosecutors treat GHB-related drug offenses harshly.

If you are under arrest for a crime that involves GHB, you could be at risk of misdemeanor or felony charges, depending on the facts of your case. The best way to protect your best interest and increase your odds of obtaining a favorable outcome if you are in this situation is to retain the services of a defense attorney.

Read on to understand what GHB is in the eyes of the law and the various crimes that involve this drug.

What is a GHB?

Also commonly known as “G,” “Liquid X,” or “Liquid E,” GHB is a controlled drug substance that falls under both Schedule III and Schedule I of the Controlled Substances Act. Drugs classified as Schedule I have no known medical benefit and are very likely to cause dependence and abuse because of their side effects.

On the other hand, Schedule III drugs are those that have less abuse and dependence potential than Schedule II and Schedule I drugs, but they have medically accepted uses. GHB falls under both Schedule III and Schedule I controlled drug substances because the FDA (Federal Drug Administration) approved Xyrem (a GHB-made drug) to help patients with medical issues such as:

• Sleep disorders.
• Narcolepsy.

Although GHB can help patients with these medical conditions, it produces severe side effects that make it prone to abuse and illegal use. Some of these severe side effects include the following:

• Vomiting.
• Dizziness.
• Loss of consciousness.
• Muscle spasms.
• Sweating.
• Comma.
• Hallucinations.
• Amnesia.

Because of the severe side effects associated with this drug, many criminals, particularly sex predators, use it to make their targets or victims semi-unconscious and lose control of their bodies. Regardless of whether you had the intent to use the drug to commit a sex crime or any other offense, a charge that involves GHB could result in severe consequences, including several years of incarceration and hefty fines.

If you are under investigation or charged with a crime that involves GHB, a skilled and experienced defense attorney can help you stay on the safe side of the law.

An Overview of Drug-Related Offenses that Involve GHB

There are various drug-related crimes that the prosecutor could file against you when GHB is involved. The specific offense the prosecutor will file against you will depend on the circumstances and facts of your unique drug case. Below is a brief overview of some of these crimes:

Possession of GHB

The prosecutor could charge you under Health and Safety Code (HS) 11350 or 11377 if you had GHB in your possession without an approved medical prescription. Specifically, HS 11377 makes it a crime to have a controlled drug substance in your possession without a valid prescription. On the other hand, HS 11350 makes it a crime to have any controlled substance in your possession, including GHB.

If you have a valid medical prescription from a licensed doctor to use Xyrem to treat your illness, the prosecutor will not have any charges against you under any of these statutes. To secure a guilty verdict against you for illegal possession of the drug GHB, the prosecutor must prove the following facts at trial:

• You had GHB in your possession without a valid prescription.
• You were aware of the substance’s presence.
• You were aware the substance in question was GHB, a controlled drug substance.
• The quantity of the substance was sufficient for personal use.

Whether the prosecutor files your offense under HS 11350 or HS 11377, you could avoid conviction if the prosecutor cannot prove the above facts to the court beyond a reasonable doubt. However, if you are guilty of the offense, you should expect the following misdemeanor penalties:

• A jail term of up to one (1) year.
• A fine not exceeding $1,000.

However, GHB possession could attract felony charges and penalties if the prosecutor can prove with proper evidence that you have a criminal record for severe offenses like sex crimes, murder, or vehicular manslaughter. In this case, a felony conviction will carry the following possible penalties:

• A jail term of sixteen (16) months, two (2) years, or three (3) years.
• A fine not exceeding $10,000.

Possession of GHB for Sale

According to HS 11351 and HS 11378, it is illegal to have a controlled drug substance, including GHB, in your possession with the criminal intent or motive to sell it. For the sake of these statutes, having a drug substance in your “possession” means you either had it physically in your pockets, bags, or vehicle, or it was in a place or room that you had control over.

To secure a conviction against you under either of these statutes, the prosecutor must prove the following elements of the crime:

• You illegally had GHB in your possession and were aware of its presence.
• You were aware of the drug’s nature as an unlawful or controlled drug substance.
• The quantity you had in your possession was enough to sell.
• You had the criminal intent or motive to sell the substance.

Since there is no way to know whether you had the criminal motive to sell the drug, the prosecutor will rely on the following circumstantial evidence to prove this critical element of the crime:

• The amount of drug you had in your possession was more than you would need for medical or recreational use.
• You had ready cash to make it easier to sell or distribute the substance.
• You had a dangerous weapon, like a gun or any other dangerous weapon for self-defense, when doing your sales.
• You were at a location where transactions involving illegal drugs are rampant.

If the prosecution team cannot prove these facts, your attorney could convince the judge to reduce your charges to a lighter offense with less severe penalties. However, when the prosecutor proves the above facts beyond a reasonable doubt, you should expect felony penalties upon conviction. When charged under HS 11351, GHB possession for sale will attract the following penalties:

• Two (2), three (3), or four (4) years of jail time.
• Up to $20,000 maximum fine.

However, when the prosecutor files your charges under HS 11378, your sentence upon conviction will be lighter, including:

• A fine not exceeding $10,000.
• A jail term of sixteen (16) months, two (2) years, or three (3) years.

Sales and Transportation of GHB

HS 11352 and HS 11379 make it a crime to traffic controlled drug substances, including GHB. To obtain a conviction against you for trafficking GHB, the prosecutor must prove that you did either of the following:

• Sold GHB.
• Transported GHB.
• Furnished GHB.
• Imported GHB.
• Administered GHB.
• Gave GHB away.

Once the prosecutor proves that you did or offered to engage in either of the above illegal acts, he/she must further prove that you were aware of the drug’s presence and that it was in a usable amount.

In many cases, the prosecution team relies on evidence obtained by police officers through undercover and sting operations to build a case against you for the illegal sale and transportation of GHB. Whether the prosecutor files your drug trafficking case under HS 11379 or HS 11352 will depend on the facts and circumstances of your unique case.

If you are guilty of illegal sales or transportation of GHB under HS 11352, you will receive the following felony penalties:

• Three (3), four (4), or five (5) years behind bars.
• A fine not exceeding $20,000.

However, when the prosecutor files your case under HS 11379, your penalties upon conviction at trial will include the following:

• A fine not exceeding $10,000.
• Two (2), three (3), or four (4) years of detention in the state prison.

It is worth noting that your jail sentence could increase to up to nine (9) years if the prosecutor can prove that you transported or imported GHB across two or more county borders with the motive or intent to sell or distribute it. Also, note that the judge will likely impose the harshest sentence available for this offense if the prosecutor can prove that you were aware of or should have known the following:

• The recipient of the drug had a conviction for a violent felony on his/her criminal record.
• The recipient of the drug was pregnant.
• The recipient of the drug was under medical treatment for a drug use problem or a mental disorder.

Possession of GHB While Armed

According to HS 11370.1, it is a crime to have controlled drug substances in your possession while armed with an operable and loaded firearm. Although not strictly limited to the possession of GHB only, an HS 11370.1 violation is a severe offense in the eyes of the law. However, like any other offense, a conviction is not automatic after an arrest.

Here are elements the prosecutor must prove during your case trial to secure a conviction against you under this statute:

• You had GHB in your possession.
• You were of the substance’s presence.
• You were aware the substance was a controlled drug substance.
• You had an operable and loaded firearm in your possession.

A conviction for an HS 11370.1 violation will attract a jail term of two (2), three (3), or four (4) years and a fine not exceeding $10,000 because it is a felony.

Being Under the influence of GHB

The prosecutor can charge you under HS 11550 if you are under the influence of GHB without a medical prescription. Even if you have a valid medical prescription, the prosecutor can still charge you under this statute if you use the drug beyond the required scope of this prescription. A conviction for an HS 11550 violation requires the prosecutor to prove the following facts at trial:

• You willfully ingested or used GHB, meaning no one coerced you to use the substance.
• You were under the influence of GHB, meaning your brain functions and nervous system were affected by the substance.

Since it is a misdemeanor offense, a conviction under this statute will attract a jail sentence of up to one (1) year and a fine not exceeding $500.

Driving Under the Influence of GHB

Another common crime that involves GHB is driving under the influence of drugs, also abbreviated as DUID. If you are under arrest for driving or operating a vehicle under the influence of GHB, you could face misdemeanor penalties upon conviction, regardless of whether you had a prescription for the substance or not.

However, the prosecutor presiding over your case must prove the following facts beyond a reasonable doubt:

• You were driving.
• You had GHB in your blood.
• The substance impaired your ability to drive a vehicle like a cautious driver would under the same circumstances.

During your case trial, the prosecutor can summon a drug recognition expert (DRE) to testify that you had GHB in your system. For a first-time offense, a conviction for DUID under Vehicle Code (VC) 23152(f) will not attract jail time. Instead, the court could sentence you to an informal probation and require you to pay fines.

However, when you are a repeat offender, your subsequent conviction for a VC 23152(f) violation will attract a jail term of up to six (6) months. On the other hand, if it is your fourth-time DUID offense, the prosecutor will file your case as a felony, carrying a jail term of three (3) years and a fine not exceeding $5,000 upon conviction.

In addition to these hefty fines, a VC 23152(f) violation conviction can make you lose your driving privileges because the Department of Motor Vehicles (DMV) will suspend your driver’s license.

Eligibility for a Drug Diversion When Charged With a Crime That Involves GHB

If you are under arrest or charged with a low-level drug possession offense, like possession of GHB under HS 11350, you could qualify for a drug diversion program under:

• Penal Code (PC) 1000.
• Proposition (Prop) 36.
• Drug court.

Generally speaking, a drug diversion is an alternative sentencing option that allows you to undergo drug counseling and therapy sessions instead of a jail term when charged with a low-level or non-severe drug possession offense.

Once you complete the court-approved counseling or rehabilitation program successfully without breaching the necessary terms, the court could dismiss your charges, meaning they will not appear on your record. However, to qualify for a drug diversion under PC 1000 or Prop 36, you have to plead guilty to HS 11350 charges.

It is worth noting that you will not qualify for a drug diversion program if any of the following facts are true:

• You have a prior conviction record for HS 11351 violation.
• You have a previous history of parole or probation violation.
• Five years are not over since your last enrollment in a drug diversion program.
• You have prior felony convictions on your record within the past five years.

You will depend on your defense attorney to convince the court that you are an excellent candidate for drug diversion if you are under arrest or charged with a crime involving GHB.

Defenses That Your Attorney Could Use to Challenge Any of the Above GHB-related Drug Charges

With proper legal defenses, you could avoid or reduce the possible consequences of a conviction for any of the above GHB-related drug offenses. Below are common and viable defenses your defense attorney will apply at trial to challenge your GHB-related drug charge:

• You have a valid medical prescription to use the drug.
• You were unaware the drug substance in question was in your possession.
• You did not have the criminal intent or motive to sell the substance.
• You were not under the influence.
• You are a victim of entrapment by the police.
• You are a victim of unlawful or warrantless searches by the police.
• You are a victim of mistaken identity.
• The prosecutor’s evidence against you is insufficient.
• Your urine or blood test results were inaccurate or tainted.

The specific defenses your defense attorney will use to challenge your GHB-related drug charge will depend on the facts of your case. However, with proper arguments and evidence, some of these defenses could work in your favor to secure a dismissal of your charges or a lighter offense.

Find a Van Nuys Defense Attorney Near Me

You cannot risk dealing with the prosecutor and judge alone if you are under arrest or charged with a crime that involves GHB. At Leah Legal, we can intervene and help you challenge your GHB-related drug charges for the best attainable outcome.

We invite you to call us at 818-484-1100 to schedule your initial obligation-free appointment with our skilled and seasoned defense attorneys, wherever you are in Van Nuys.

Legal proceedings can be intricate for those unfamiliar with the system due to the involvement of various parties and processes. It is common for individuals facing criminal charges to opt for legal representation to navigate these complexities and safeguard their rights. Criminal defense attorneys play a pivotal role by offering guidance and presenting a defense. They also negotiate plea deals and assist clients in comprehending and navigating legal procedures.

Interestingly, even individuals with prior experience in the criminal arrest process find it complex and require assistance. This underscores the importance of reviewing the process’s overview to help you navigate it better. It is crucial to understand the ins and outs of the system to ensure a smoother experience.

The Categories of Offenses under California Law

The criminal process varies based on whether the offense is classified as an infraction, misdemeanor, or felony.

Infractions

Infractions are the least severe type of criminal violation. They involve minor infractions of the law that are not considered crimes. Examples include:

• Traffic violations like speeding (a violation of VC 22350) or running a red light (a violation of VC 21453).
• Jaywalking, and
• Other regulatory offenses.

Penalties for infractions usually lead to fines or non-criminal consequences, namely imprisonment or probation. In some instances, citations or tickets could be issued instead of arrest. Most fines do not exceed $250.

Misdemeanor

Misdemeanors, which fall between infractions and felonies in severity, are criminal offenses. Examples include:

• Simple assault — A violation of Penal Code 240.
• Petty theft — A violation of Penal Code 484(a).
• Disorderly conduct — A violation of Penal Code 647 and
• Specific drug possessions, for example, possession of a controlled substance — A violation of Health & Safety Code 11350(a).

Convictions for misdemeanors could result in penalties, for example, fines, probation, or community service. In more serious cases, there is also the possibility of a short jail sentence, usually less than one year.

Felonies

Felonies are the most grave category of criminal offenses. They are often linked to significant harm to individuals or society. Examples include:

• Robbery.
• Murder.
• Kidnapping.
• Drug trafficking and
• Certain types of fraud.

Felony convictions entail severe consequences, including:

• Substantial fines.
• Extended imprisonment (over one year).
• Probation, and
• Potential long-term impacts on rights, for example, voting or firearm possession restrictions.

The Criminal Court Process

If you are charged with an infraction, you do not have the right to a jury trial. Instead, trials are conducted as “bench trials” before a judge. While hiring an attorney is an option for addressing the matter, the state is not obligated to provide a public defender if you cannot afford a defense attorney.

Misdemeanors and felonies have different processes. Let us look at each case.

Criminal Court Process for Misdemeanors

In California, misdemeanors follow a well-organized court process. The process involves a clear sequence of steps, namely:

Investigation and Arrest

It begins with a law enforcement investigation, possibly leading to an arrest if there is enough evidence and probable cause.

Investigations could start either due to:

• Suspicions of wrongdoing — Authorities act on received information or observed circumstances. This prompts an investigation, or
• When law enforcement witnesses a person breaking the law — Officers witnessing a crime can lead to an immediate arrest or trigger further investigation.

In the investigation stage, law enforcement conducts interviews and executes search warrants to gather evidence. It is crucial to understand that the Fifth Amendment protects you if you are contacted for an interview during this stage. This means you can remain silent and not be compelled to incriminate yourself.

Additionally, you have the right to assert your Sixth Amendment rights during police interviews and after being arrested. When you assert your Sixth Amendment right to counsel, it means you can request the presence of your attorney during any questioning by law enforcement.

Note: Law enforcement officers read your Miranda rights before conducting a custodial interrogation. This is to apprise you of your constitutional rights under the Fifth Amendment. Miranda rights apply specifically when you are in custody (not free to leave) and facing police questioning.

The subsequent procedural step involves the booking process upon law enforcement officers establishing sufficient grounds for your arrest. Your personal details, including your name, address, and date of birth, are recorded here. The capture of fingerprints and photographs accompanies the details. Simultaneously, information regarding the charges against you is documented.

The law allows bail release if it deems it fit. Bail is a financial arrangement that allows your temporary release under specified conditions while you await trial.

The court determines the bail amount, considering the severity of charges, flight risk, and community ties. By posting bail, you secure release with the understanding that you will participate in all court proceedings. Compliance with the court’s conditions results in the return of the bail amount following the case conclusion.

Alternatively, you could experience release on your own recognizance. This process permits freedom without the need to post bail. The courts rely on your commitment to attend all scheduled court hearings. The decision to release on your own recognizance considers factors including the nature of charges, community ties, and personal history.

Arraignment

Post-arrest, the accused appears before a judge for arraignment. Here, the charges are formally presented, and a plea is entered.

During your arraignment, you are mandated to declare one of three fundamental pleas.

1. Guilty Plea

A plea of guilt is an unequivocal admission of the offense. Pleading guilty propels the case swiftly into the sentencing phase, where the court discloses the prescribed punishment.

2. Not-guilty Plea

Pleading not guilty means asserting your innocence in the crime. This triggers the commencement of a trial. During the trial, the prosecution is expected to present compelling evidence to establish the charges beyond a reasonable doubt. The outcome of the case can lead to an acquittal or a conviction.

An acquittal, if achieved, ensures the absence of a recorded conviction. However, a guilty verdict during trial invokes the penalties stipulated under the violated law.

3. No Contest

You can also plead no contest. The “no contest” plea is legally called “nolo contendere.” Pleading no contest means neither admitting nor denying the charges but embracing the consequences as if you were guilty. Like a guilty plea, this plea moves the case to the sentencing phase, resulting in the accused being considered convicted.

Pre-Trial Process

This phase involves various pre-trial proceedings, for example, evidence exchange and potential negotiations for plea deals.

It is at the pre-trial stage that many cases are resolved. Various legal processes and negotiations unfold. They allow accused individuals to seek resolutions before advancing to a full trial. Several common outcomes define this significant pre-trial phase, including:

• Plea bargains — You and your legal representation can negotiate with the prosecution for a plea bargain. This involves agreeing to plead guilty to a reduced charge or lessening the charges in exchange for a lighter sentence. This will enable you to resolve your case without needing a trial.
• Dismissal of charges — Another potential outcome is the dismissal of charges. The prosecution could opt for dismissal if evidence is insufficient or legal issues arise. Conversely, motions filed by your defense team can also lead to the dismissal of charges.
• Pre-trial diversion programs — You could be eligible for pretrial diversion programs, especially relevant for first-time offenders or those facing non-violent charges. These programs often include rehabilitation or community service. A successful completion could result in the dismissal of charges.
• Legal motions — You and your legal representative can file legal motions during the pre-trial phase. These motions can address issues related to evidence, witness testimony, or other legal intricacies. Resolving these motions becomes crucial to shaping the trajectory of your case.

The duration of the pre-trial process is inherently flexible. In some instances, it could extend up to 45 days. However, this timeframe is subject to variation based on factors like the complexity of your case, the volume of evidence, and the intricacies of legal motions.

Discovery, as part of the pretrial process, plays a crucial role. At this stage, the prosecution and defense actively collect and exchange information, evidence, and relevant documents on the case.

Trial

The case proceeds to trial if your attorney and the prosecution do not resolve. Both sides present their cases, witnesses testify, and a judge or jury determines guilt or innocence.

The Sixth Amendment guarantees your right to a speedy trial. The constitutional provision emphasizes the importance of a timely resolution of criminal charges.

Two primary trial processes, bench trials and jury trials, offer distinct approaches to adjudicating legal matters:

1. Bench Trials

In a bench trial, the case is solely heard and decided by a judge, eliminating the involvement of a jury. The judge is responsible for determining both legal and factual questions. This includes:

• Evaluating evidence.
• Listening to witness testimony and
• Considering legal arguments from both the prosecution and defense.

Ultimately, the judge renders a verdict. Bench trials are typically chosen when intricate legal issues require meticulous consideration and the judge is perceived as better suited to make impartial decisions.

2. Jury Trials

In contrast, a jury trial involves selecting a group of individuals, known as the jury, to participate in the proceedings and reach a verdict. The jury’s role is to decide factual questions. The judge, on the other hand, oversees legal matters and ensures adherence to legal procedures. The jury listens to witness testimonies throughout the trial and reviews the presented evidence. Further, following instructions from the judge, the jury engages in deliberations to reach a unanimous or majority decision.

Criminal Court Process for Felonies

Felonies are more severe offenses. Convictions can result in fines up to $10,000 or life imprisonment. Despite some similarities with misdemeanor court processes, notable deviations exist due to these offenses’ distinct nature and severity. Let us look at the court process in detail.

Investigation and Arrest

While the investigation and arrest process for felonies mirrors that of misdemeanors, a key distinction emerges. It is more likely that you will remain in custody after a felony arrest. This likelihood is notably higher, given the heightened severity of felony charges.

Arraignment

Unlike misdemeanor cases, felonies are subjected to two hearings:

• The first occurs at the commencement of criminal proceedings.
• The other occurs following the preliminary hearing.

In felony cases, similar to misdemeanors, prosecutors generally adhere to a 48-hour window to arraign an individual post-arrest. This window excludes weekends and holidays from the calculation.

Note: Delays beyond this period do not automatically imply police misconduct. However, it could be grounds to challenge your case. The 48-hour rule is in place to ensure the prompt presentation of the accused before a court, thus safeguarding their rights.

Practical considerations acknowledge exceptions and justifiable delays. Arraignments take place within a few weeks to a few months post-arrest, accommodating the intricacies of legal processes.

Like misdemeanor cases, the arraignment is the inaugural court appearance in felony cases. Here, the charges are formally presented.

Preliminary Hearing

The preliminary hearing, commonly known as a “prelim” or a “probable cause hearing,” takes place before a judge. Here, the prosecutor presents evidence relevant to the charged crime, and the judge addresses two key questions:

• Is there probable cause to believe that a crime occurred?
• Is there probable cause to believe that you committed that crime?

These questions determine whether there is a reasonable basis to proceed with criminal charges. If the judge affirms probable cause after the preliminary hearing, the case proceeds to the trial court for further pretrial proceedings and, eventually, trial.

Conversely, certain charges will be dismissed if the judge finds a lack of probable cause for a charge. The prosecution will then have the option to:

• Refile charges with additional evidence.
• Negotiate a plea deal or
• Choose to drop the charges altogether.

The specific outcomes hinge on legal procedures, the prosecutor’s decisions, and other case-specific factors.

Second Arraignment

A second arraignment should happen within ten days. This follow-up arrangement is similar to the first one. It is at this hearing that you will enter a plea.

Pre-Trial and Trial Process

The pre-trial and trial processes for felony cases have steps similar to misdemeanor proceedings. However, the key differentiator here is time. Felony cases tend to draw out the timeline. So, you will go through the steps outlined above, but they are at a more measured pace when dealing with felony charges.

Your Post-Trial Options

After the conclusion of a criminal trial involving either a misdemeanor or felony offense, several courses of action are available:

Motion For a New Trial

You can pursue this recourse in instances of significant legal errors or the discovery of new evidence that could impact the verdict. It serves as a post-trial option to request a fresh start.

The acceptable grounds for a new trial include:

• If a guilty verdict is tainted by jury misconduct,
• Prosecutorial misconduct.
• An error of law by the court, or
• Insufficient evidence.

To do so, file a motion before the judge pronounces judgment, usually during a California sentencing hearing. If the judge grants the motion, the new trial begins with a clean slate. It erases the previous trial as if it never happened.

Attendance at a Sentencing Hearing

When a judge renders a verdict, a sentencing hearing is scheduled. At this stage, the judge determines the appropriate punishment. This stage allows the defendant, their legal counsel, and prosecutors to present arguments about sentencing.

During sentencing, the judge evaluates both mitigating and aggravating circumstances. Mitigating factors could lessen the punishment’s severity. On the other hand, aggravating factors contribute to a more severe sentence. The objective is to achieve a fair and equitable outcome by carefully considering the unique details and circumstances of the case.

Filing An Appeal

In cases where there are legal grounds to challenge the verdict or aspects of the trial, you can file an appeal. This formal request entails seeking a higher court’s review of the decision to assess whether any errors occurred during the trial.

Filing an appeal does not mean initiating a new trial. Instead, it involves the higher court reviewing the lower court’s decision to identify potential legal errors. The appellate process does not include reexamining evidence but concentrates on legal procedures and interpretations. A successful appeal could result in:

• Modifications to the previous decision.
• A retrial, or
• Other appropriate legal remedies, depending on the specifics of the case.

Contact an Experienced Criminal Defense Attorney Near Me

The court process is undeniably intricate. It is advisable to seek the services of a Van Nuys criminal defense attorney to navigate this complexity and increase the chances of securing the best legal outcome in a criminal case.

At Leah Legal, our expertise is pivotal in preventing pitfalls while navigating the criminal justice system. We will help you strategically guide the legal system. Additionally, we will provide a strong and tailored defense for your specific situation. All our efforts aim to secure the best legal outcome in your criminal case, whether it is an infraction, misdemeanor, or felony. Contact us at 818-484-1100 to schedule a free case evaluation.

People are increasingly using dating apps to interact and meet with new people. However, the convenience and anonymity of these apps also bring a higher risk of rape. While these occurrences are not exclusive to Tinder, incidents of rape on dating apps, commonly referred to as Tinder rape or dating app rape, are becoming more prevalent.

When an individual exploits dating apps and sites to lure their victim into a risky situation and subsequently commits a sexual assault, it is commonly referred to as “Tinder rape.” This blog takes a look at how dating apps can lead to Tinder rape charges.

The Risks of Meet-Ups on Dating Apps

If you’re a busy person, you’ve probably considered online dating. The reason behind this is that individuals who lead busy lives sometimes struggle to prioritize face-to-face meetings and dates. Due to its many benefits, many individuals choose to date online. Dating apps not only save you time by allowing you to browse through hundreds of accounts, but it also makes meeting new people and going on in-person dates easier.

On dating sites, users use language to express their identities and desires. Based on your preferences, you may match with one or more people. That’s how finding the right mate becomes simple. However, not all of the information you read online is reliable. Some people frequently upload false information about themselves as well as what they like on dating websites.

Some even post old or fake pictures of themselves online to trick potential partners. It can be difficult to get to know the individual you are conversing with when you register and begin looking for a hookup. That remains an issue, even though the majority of dating sites claim to have strict verification requirements.

Upon registering on the dating app, you’re matched with a select group of individuals who fit your criteria as well as those who are looking for someone with your qualifications. After finding a match, you begin communicating, exchanging details, and arranging to meet in person. Certain first dates—usually those featuring couples who have been sincere with one another from the start—go extremely well.

However, what happens if the individual you were anticipating for your date does not show up? That might be an issue if you found out during your initial meeting that they had initially misled you about how they looked. Some people become too invested in their relationships to look back after they discover they’ve been deceived. Imagine discovering, after engaging in sexual activity, that someone had deceived you.

Even after enrolling, some dating websites guarantee instant hookups. On the same day that you register, you can connect with a possible mate. These types of dating applications are likely to draw in more violent offenders and predators. Either party can’t meet each other and discover anything about the other in only a few hours. Sadly, the anonymous nature of internet dating applications is exploited by con artists and sexual offenders. They employ it to trick gullible people into falling into their trap.

To mitigate the dangers associated with meeting people through dating apps, consider implementing the following measures:

• Meetings should always take place in public settings, and it is important to notify someone of your plans
• Never leave personal items or beverages unattended
• Embrace your gut feeling. If something seems strange or uneasy, end the meeting immediately
• Consider your safety and avoid sharing your personal information or location
• If you believe that you’re in danger, call the police immediately

Consent is crucial to any sex-related activity. If an individual refuses to give consent, it is essential to respect their decision. Engaging in sexual activity without consent can result in serious consequences, including potential allegations of rape.

Possible Rape Charges for Using a Tinder Dating App

When individuals meet and have sex after interacting online, the lies they publish on dating websites turn into a serious crime. Many people lie about their age, and such lies can occasionally cause serious issues. Accurately determining an individual’s age through internet discussion can be challenging. That’s why most people lie about how old they are in the hopes of getting away with the case.

Before you physically interact with a potential companion, consider their age if you’re an adult seriously searching for an intimate companion online. The reason for this is that the individual may turn out not to be an adult as he or she claims, you could be charged with rape.

Adults are permitted to register on most dating platforms and communicate with other members. However, children have managed to get access to these online dating websites. To register and set up profiles, they utilize fictitious credentials. When conversing with someone, you can initially think that you’re interacting with a legitimate adult, even though they are a minor.

If you had sex with the individual in question, you would still be held accountable for statutory rape allegations, even if you could prove you thought they were lying about how old they were. It is legally required that you have verification of the other person’s age before having intercourse with an unknown person.

Serious statutory rape charges arise from having sex with a person between the age of fourteen and eighteen. Even if the accused victim gave their consent for the sexual actions, you could still be charged. The prosecution must provide evidence that you engaged in sexual activity with a child. However, “good faith belief” is a defense your lawyer can use to refute the accusations. Your counsel must prove that you genuinely believed the other person was a legitimate adult for the court to approve your defense. They might have presented you with a fictitious ID to verify their age.

It’s difficult to determine someone’s actual age just by glancing at them. A layperson could perceive people between the ages of fifteen and twenty-five as being identical. Certain adults could pass for teens with ease. Some teenagers could also pass for youthful adults with ease. While using the “good faith belief” defense to get leniency, you still need to persuade the jury and judge that your belief in the other person’s age is reasonable for any adult. It is also expected of you to provide evidence for your conclusion that the person was an adult. In this instance, your justifications ought to go beyond appearance.

If you are charged with statutory rape and the prosecution has solid proof against you, it will be difficult to win the case. Having intercourse with someone you encounter online may also result in charges of rape. That can occur if the other individual claims you had sex with them without their permission or against their consent. Any age of the victim could result in rape charges.

Occasionally, the exhilaration of meeting someone new can get to the point where one makes rash judgments that could lead to false accusations on the road. For instance, if your initial encounter turns into a wild night of partying and you both have sex but the other is too drunk to give their consent, they could report you for rape.

To have sexual relations with someone else, you need their express agreement. A person has the right to report you for rape if they indicate they don’t want to have sex, but you pressure them into it. It is legally impossible for someone under the influence of drugs or alcohol to give consent to sexual conduct. If you have sexual relations with them, you’ll be charged with rape.

How to Prevent Charges of Tinder Rape Following a Match

Most people take precautions these days to avoid becoming rape victims. However, regrettably, exaggerated statements do occur, and anything that transpires in private could be exploited against you. Therefore, it is wise to strive to avoid misunderstanding and becoming the target of unfounded allegations.

You cannot presume that someone you are interacting with has good intentions if you aren’t familiar with them. You just have what you viewed on someone’s Tinder profile to go on when you meet them.

By keeping an eye out for warning signs, you can foresee issues and steer clear of meetings in the following situations:

• You were both intoxicated
• The individual exhibits symptoms of emotional anguish or mental illness.
• There is a chance of blackmail

Another thing to consider is whether the other individual disclosed a tumultuous or intermittent past relationship. Damaged claims can occasionally result from someone trying to hide infidelity. They can say they were sexually attacked rather than admitting to adultery.

Penalties of Tinder Rape Charges

In the unfortunate event that someone you interacted with on a dating app accuses you of sexual misconduct, it is important to understand the potential consequences. The prosecutor will investigate the allegations and present a case in court. If you are convicted, you could face severe consequences and other potentially devastating consequences. To be fully prepared for any allegations that may arise from online dating, it is crucial to be aware of the associated penalties.

Rape Penalties

Rape is often classified as a direct felony and is punishable by the following:

• Felony probation
• Sentence of 3, 6, or 8 years
• An obligation to sign up for the national sex offender registry
• An additional 3 to 5 years should the claimed victim have suffered serious physical harm

Statutory Rape Legal Consequences

Statutory rape is considered a wobbler crime, meaning that the prosecutor has the discretion to file charges as either a felony or a misdemeanor based on the details of the case. When prosecuting statutory rape, prosecutors typically employ three strategies. The severity of the charges, whether felony or misdemeanor, will determine the consequences you may face.

If the perpetrator is no more than 3 years older than the alleged minor victim, statutory rape is considered a misdemeanor violation. However, if the supposed minor victim is younger compared to the accused person by more than 3 years, it can be classified as either a misdemeanor crime or a felony crime.

If the alleged victim of the accused is under the age of sixteen and the offender is 21 years or older, the offense can be classified as either a misdemeanor or a felony. It is important to note that a felony punishment under this classification is generally more severe than that under the 2nd category.

When determining how to charge you, the prosecutor would also take into account the severity of the case and your criminal history. Penalties for a misdemeanor could include the following:

• Misdemeanor probation
• One year behind bars
• Hefty cash fines not exceeding $1,000

A conviction for a felony crime could lead to the following consequences:

• Felony probation
• $10,000 in fines
• Two, three, or sixteen months in prison

Protecting Yourself Against Tinder Rape Charges

Trying to defend yourself against Tinder rape charges can be challenging. It is crucial that you fully understand the allegations made against you and explore any possible legal arguments that may be in your favor.

Here are some tactics to defend yourself against Tinder rape charges:

Gathering Evidence

To effectively defend yourself against Tinder rape charges, it is crucial to gather evidence as a first step. Here are a few examples of the types of proof that could strengthen your case:

• Communication logs. Gather all correspondence you have exchanged with the victim, including emails and messages. These logs could be utilized to establish whether any claimed misconduct was consented to or if the claims are false
• If there were additional witnesses to the incident scene or individuals with details of the circumstances being investigated, their statements could be valuable in supporting your defense
• Audio or video recordings can serve as evidence of an occurrence and can help challenge the victim’s version of events if they exist
• A witness with expertise in a specific field, such as DNA or forensics, may give testimony on scientific or technical matters relevant to your case

This evidence can be destroyed or lost over time, so it should be collected promptly.

Seek Legal Counsel

The initial step in fighting rape charges while using dating apps is to seek legal counsel. Engaging the services of a defense lawyer can provide you with several advantages:

• A lawyer can assist you in understanding the specific accusations made against you as well as the potential consequences of a conviction
• To obtain information and develop a defense plan for your specific circumstances, an impartial investigation of the case will be conducted
• Engaging in negotiations with the prosecutor, a lawyer may attempt to obtain a plea agreement or have the charges dropped
• Representation in court. A qualified professional can argue on your behalf and provide evidence in support of you during legal proceedings.
• Defend your rights. A lawyer will defend your legal rights throughout court proceedings

You stand a better chance of effectively defending yourself if you seek legal counsel as soon as possible. By obtaining the assistance of a professional defense lawyer, you will be guided through the court system and gain a better understanding of your rights and options. Moreover, they can provide valuable counsel on the most suitable course of action for your situation.

Avoid Speaking With Police Officers Without Legal Counsel

If you are accused of Tinder rape charges, you should refrain from speaking to the law enforcers without legal counsel. Engaging in conversation with law enforcement without your attorney present could be damaging to your lawsuit for these reasons:

• You run the risk of incriminating yourself, even if you had no intention of doing so
• There is a possibility of misunderstanding the circumstances when you lack legal counsel. Without proper representation, you may not have a complete understanding of the accusations against you or how the court system works. Additionally, there is a risk of unintentionally mentioning something that could undermine your argument
• The authorities may employ various strategies, including lying and manipulation, to coerce you into saying things that go against your better judgment

In addition to providing you with legal advice, an attorney can protect your rights if you are being questioned or interrogated. In court, anything you say to the police officers could be utilized against you.

Get Ready for Trial

To be ready, you should do the following:

• Understand the allegations against you. To gain insight into the prosecution’s position and create a defense plan, carefully review the charges and accompanying documentation.
• Examine the evidence. Carefully examine all the information that has been gathered, considering any footage, statements, or additional proof that could potentially be used in court against you.
• Assemble your defense. Support your lawyer in assembling your defense, including any supporting documentation or witnesses.
• Rehearse your testimonial. If you anticipate taking the stand, it is recommended to rehearse your statement with your lawyer. This will ensure that you’re prepared to respond to questions effectively in court
• Make a positive impression on the jury and the judge by choosing appropriate clothing for the occasion

Contact a Sex Crimes Defense Lawyer Near Me

If you or some you know is facing Tinder rape charges, it’s important to contact a sex crime defense lawyer promptly. A knowledgeable lawyer can help you navigate the court system, understand the accusations made against you, and explore possible defenses. We at Leah Legal in Van Nuys can help defend you if you’re facing rape allegations. Contact us today at 818-484-1100.

Have you ever heard of the term “sexual grooming” and wondered what it means, especially in child abuse cases? This phrase often surfaces in news stories and legal discussions, but people do not fully understand it.

In California, sexual grooming manifests in various forms, such as physical, emotional, online, community-based, peer, and authority figure grooming. Each form exploits different environments and relationships.

The statutes criminalizing sexual grooming, such as the Federal Child Pornography Law, Penal Code 272, Penal Code 288, Penal Code 288.3, and Penal Code 288.4, harshly punish the heinous act.

If you or a family member are facing charges for sexual grooming, you want to retain an experienced lawyer. With the help of a defense lawyer, you could build solid defenses and fight the child abuse allegations.

An Overview of sexual grooming

Sexual grooming is a process used by perpetrators to gain the trust of a child, with the ultimate goal of sexual exploitation. This deceptive practice involves an adult establishing a connection with a child, often through manipulation, kindness, or coercion, to create an emotional bond. This bond then becomes a tool for exploiting the child sexually.

The process is often subtle and gradual, making it challenging to detect early on. It involves a series of stages, starting with targeting the victim, gaining trust, filling a need, isolating the child, sexualizing the relationship, and maintaining control. The abuser often appears charming and trustworthy, which can deceive not only the child but also the caregivers or parents.

To the outside world, the abuser’s actions might seem good or benevolent. They might engage in community activities, be active in schools, or be well-respected members of society. This facade not only helps them get close to children but also makes it hard for others to believe the child if they disclose the abuse.

Sexual grooming has also extended to online platforms. Here, the perpetrators use the anonymity and accessibility of the internet to connect with and exploit children. They may pose as peers, offer gifts or attention, and use the privacy of digital communication to initiate and escalate inappropriate interactions.

Statutes that criminalize sexual grooming include:

• Federal Child Pornography Law (18 U.S.C. § 2251)
• Child Molestation, Penal Code 288
• Contacting a Minor to Commit a Felony, Penal Code 3
• Arranging a Meeting with a Child for Lewd Purposes, Penal Code 288.4

Indicators of Sexual Grooming

Identifying sexual grooming can be challenging due to its secretive nature. However, certain indicators can signal that a child might be the grooming target. These include:

Excessive Attention and Gifts

A common tactic groomers use is lavishing the child with attention, affection, and gifts. This might include toys, money, or other items that appeal to the child. The intention is to create a bond and a sense of obligation or secrecy between the groomer and the child.

Isolation Tactics

Groomers often try to isolate the child from their peers or family members. They may create situations where they can be alone with the child, encouraging them to keep secrets or spend more time away from others. By doing so, they can groom the child without the detection of other adults.

Inappropriate Communication

Inappropriate communication includes conversations that are sexual, but it can start more innocently, with the perpetrator sharing personal or intimate information to encourage the child to do the same. Over time, the communication may become more explicitly sexual.

Special Treatment

The child might receive special treatment from the abuser, such as preferential attention or leniency. This sets the child apart from their peers, creating a ‘special’ relationship that can be exploited.

Testing Boundaries

Groomers often test boundaries with inappropriate jokes, physical contact, or showing the child pornographic material. These actions are designed to satisfy the sexual urge of the perpetrator before moving on to a real sexual act. This physical contact could include intentionally touching the minor’s genitalia and lingering touches.

Changes in Child’s Behavior

A child undergoing grooming may exhibit sudden changes in behavior. This can include withdrawal, mood swings, secretive behavior, or unexplained fearfulness around certain individuals.

Online Behavior

With the rise of digital communication, groomers often use social media, chat apps, or online gaming to connect with children. Signs include the child spending excessive time online, being secretive about their online activities, or receiving gifts (like gaming credits) from unknown sources.

Types of Sexual Grooming in California

Sexual grooming in California manifests in several forms, each with unique characteristics but sharing the common goal of manipulating and exploiting minors. Understanding these types can aid in recognizing and preventing abuse.

     1. Physical Grooming

This involves direct, in-person interaction. The groomer might create situations to be alone with the child, such as offering to babysit, driving them to activities, or hosting sleepovers. Physical grooming often starts with a non-sexual touch that gradually becomes more invasive.

     2. Emotional Grooming

Emotional grooming targets the child’s psychological needs. The groomer may position themselves as a mentor, confidante, or the only person who truly understands the child. This creates an emotional dependency that can be exploited.

     3. Online Grooming

Online groomers use the internet to target victims. They may use social media, chat rooms, or online gaming to connect with children. They create a sense of intimacy and secrecy through private messages, often escalating to sending or requesting inappropriate images or videos.

     4. Community-Based Grooming

Here, groomers take advantage of their status within a community, such as a school, church, or sports team, to gain trust and access to children. They may use their position to single out a child for special treatment or attention.

     5. Peer Grooming

Sometimes, groomers are close in age to the victim. This type of grooming can occur in schools or social groups, where the perpetrator uses their influence or popularity to exploit a peer.

     6. Grooming by Authority Figures

In these cases, the groomer is in a position of authority over the child, such as a teacher, coach, or family member. They abuse their power to create a situation where the child feels compelled to comply with their demands.

Places in Which Sexual Grooming of a Minor Occurs

Sexual grooming can occur in a variety of environments, each offering different opportunities for groomers to exploit. You want to know where this crime occurs to help identify and prevent grooming behaviors.

In the Home

Often, grooming begins in the child’s own home. The perpetrator might be a family member, a close family friend, or someone with regular access to the home, like a babysitter or a neighbor. The familiarity and trust associated with home environments make it easier for the groomer to manipulate the child without raising suspicion.

Schools and Educational Settings

Schools, daycares, and after-school programs are common settings for grooming. Abusers may include teachers, coaches, staff members, caregivers, or older students. They may use their authority or influence to build a relationship with the minor, often singling them out for special attention or privileges.

Online and Digital Platforms

The internet has become a significant venue for sexual grooming. Predators use social media, chat rooms, online forums, and gaming platforms to connect with potential victims. The perpetrator will create fake profiles to disguise their identity and intentions, making it challenging to detect their real motives.

Community and Recreational Centers

Places like sports clubs, religious institutions, community centers, and youth groups can be settings for grooming. The perpetrators in these environments may use their position to gain a child’s or parent’s trust, often under the guise of mentorship or guidance.

Public Spaces

Public areas like parks, malls, and playgrounds can also be sites for grooming activities. Groomers may use these spaces to observe and approach children, often attempting to initiate a conversation or offering to buy them something.

Events and Gatherings

Social events, parties, and gatherings, where adults and children interact can also provide opportunities for perpetrators to establish connections with children. They might use these events to get closer to the child and their family.

What are Some Grooming Behaviors?

Groomers often exhibit patterns of behavior that may appear benign at first, are manipulative, and are aimed at exploiting the child. They include the following:

Establishing Trust and Rapport

Groomers often begin by building a relationship with the child. This might involve sharing secrets, showing understanding of the minor’s emotional or psychological issues, or being a figure of authority or mentorship. The aim is to establish a bond that makes the child feel special and understood.

Filling a Need

Many groomers identify and fill a void in the child’s life. This could be emotional, like providing attention and affection, or material, like gifts and money. By fulfilling these needs, the groomer positions themselves as indispensable in the minor’s life.

Isolation

A critical step in grooming is isolating the child from their family and peers. The groomer may encourage the child to keep secrets or spend more time alone with them, creating a private world that excludes others.

Introduction to Touch and Sexual Topics

The gradual introduction of sexual topics and inappropriate touch is a common grooming behavior. It might start with discussions about sex or showing the child pornographic material, progressing to physical touch that becomes increasingly sexual over time.

Pushing Boundaries

Groomers test and push boundaries to see how much they can manipulate the child. This might involve breaking rules, like staying up late or encouraging the child to engage in behaviors they are uncomfortable with.

Or even walking in on the minor while they are bathing or toileting or even leaving the bathroom door open while the abuser is toileting. The perpetrator might also ask the minor to participate in activities requiring removing clothes.

Creating Dependency and Loyalty

The groomer often creates a sense of dependency and loyalty in the child. They shower the child with gifts and money. This can make the child feel like they owe the groomer something or are partners.

Manipulation and Control

Groomers use tactics like guilt, shame, or even threats to maintain control over the child. This can lead to the child feeling trapped and unable to disclose the abuse.

Secrecy and Threats

Maintaining secrecy is vital for the groomer. They might threaten the child that they could harm their parents or use manipulation to ensure that the child does not reveal the nature of their relationship.

The Goal of Grooming

Sexual groomers groom minors to manipulate or exploit them for sensual purposes. While the specific objectives can vary, they generally revolve around the following:

Minor’s Secrecy and Control

The primary goal of grooming is to gain control over the victim and ensure secrecy. The groomer will manipulate the child into believing that their relationship is normal, special, or necessary. This control is psychological, making it difficult for the child to recognize the abuse or to speak out against the groomer.

Sexual Exploitation

Sexual grooming is often aimed at preparing the child for sexual exploitation. The groomer gradually breaks down the child’s reserved nature and normalizes sexual behavior, paving the way for abuse. This exploitation is not always immediate; it can be a long-term goal that the groomer works towards.

Power and Dominance

For some groomers, the act of grooming is less about sexual gratification and more about the sense of power and dominance they gain from manipulating and controlling a child. They derive satisfaction from the ability to deceive, control, and exploit the innocence of their victim.

Avoiding Detection

Perpetrators often aim to carry out their abuse without being detected. They use secretive and manipulative tactics, carefully constructing their actions so as not to raise suspicions. This includes creating a persona that appears trustworthy and caring to outsiders.

To Satisfy Themselves Emotionally

In some cases, groomers seek emotional gratification from their relationship with the minor. They might see the child as a companion or a romantic interest, blurring the lines between a predatory relationship and a consensual one. The abuser enjoys it when they can prepare a child to participate in sexual acts without anyone around the minor noticing.

Sexual Grooming Procedure

The most common procedure followed by a sexual groomer while grooming a minor includes the following:

Targeting the Victim

Groomers often seek out vulnerable children who may need attention or affection. This could be due to various factors, such as familial neglect, emotional vulnerability, or social isolation. The perpetrator identifies a child who they believe will be receptive to their advances and unlikely to disclose the abuse.

Gaining Trust and Access

The groomer begins to establish a relationship with the child, often through seemingly innocent means. They may take on roles that put them close to children, like becoming a coach, mentor, or family friend. The groomer gains the child’s and their parent’s or guardian’s trust.

Filling a Need

The perpetrator identifies and fulfills the child’s emotional or material needs to establish their plans further. This could be in gifts, attention, affection, or even fulfilling a role the child misses, like a father figure or a trusted confidant.

Isolating the Child

After the perpetrator establishes themselves as the most trusted person in the minor’s life, they work to isolate the child from their usual support network. This could involve arranging alone time with the child, encouraging secrets, or creating situations that alienate them from their friends and family.

Sexualizing the Relationship

At this stage, the groomer begins introducing sexual elements into the relationship. This might start with inappropriate jokes, touching the child’s genitalia, showing pornography, or discussing sexual topics, gradually desensitizing the child to sexual content and behavior.

Maintaining Control

Once the sexual abuse begins, the groomer uses various tactics to maintain control and ensure the child’s silence. This can include manipulation, threats, guilt, or even professing love and affection to confuse the child and prevent disclosure.

Execution and Exploitation

Here, the actual sexual exploitation of the child occurs. The groomer has built an environment of trust and secrecy, allowing them to abuse the child while minimizing the risk of being discovered.

What the Prosecutor Must Prove in Court

The prosecution must prove the following for you to be convicted of sexual grooming:

Communication Records

One of the most direct forms of evidence in grooming cases is the record of communication between the alleged groomer and the minor. This includes text messages, emails, social media interactions, and digital communication. These records can reveal the nature of the relationship, showcasing any progression from seemingly innocent interaction to sexually explicit content.

Expert Testimony

Expert witnesses play a pivotal role in grooming cases. These experts, often psychologists or child behavior specialists, can provide insight into the patterns and effects of grooming. Their testimony can help the court understand how groomers manipulate and exploit their victims and the psychological impact on the child.

Documentation of Gifts or Favors

Groomers often use gifts or favors to gain the trust of their victims. Documentation of these receipts, the child’s testimony about receiving these gifts, or witness accounts can be used to support the grooming allegations. This evidence can demonstrate the groomer’s attempts to establish and maintain a relationship with the child.

Witness Testimony

Testimonies from individuals who observed the alleged groomer’s behavior can be highly influential. This may include family members, teachers, neighbors, or anyone who noticed unusual interactions between the accused and the child.

Records of Your Online Interactions

Prosecutors may present chat logs, online profiles, and internet history to demonstrate the accused’s attempts to contact and groom the child. This includes showing any grooming behaviors that occurred through digital platforms.

CCTV Footage

Video footage from surveillance or security cameras can provide tangible evidence of the accused’s interactions with the child. This might include footage showing meetings, locations, or situations that support the grooming allegations.

Behavioral Evidence

Changes in the child’s behavior or emotional state, as observed by people close to them, can support the grooming claim. This includes shifts in mood, secrecy, withdrawal, or distress following interactions with the accused.

Find a Criminal Lawyer Near Me

Facing charges of sexual grooming can be a challenging and distressing experience. If you find yourself in this situation, you want to seek professional legal assistance immediately.

At Leah Legal, we understand the sensitivity of child abuse cases and recognize the impact a conviction could have on your life. Therefore, our team of experienced criminal lawyers is equipped to build strong defenses that could lead to the dismissal of charges or a reduction in penalties. Contact us today at 814-484-1100 so we can start working on your case.

Crimes committed by minors under the age of 18 are the main focus of the California juvenile delinquent court system. Although juveniles could still face serious consequences for certain offenses, the emphasis in the juvenile court system is on rehabilitation rather than punishment, unlike the adult criminal system. Violent crimes committed by minors carry significant weight in the eyes of the juvenile court and can lead to severe and long-lasting consequences. This blog explores how juveniles are prosecuted for violent offenses in California.

California’s Juvenile Crime Prosecution

California law considers individuals under the age of eighteen as minors. As a result, if individuals break the law, they will be prosecuted in juvenile court. However, there are certain situations where they can face adult charges. The main distinctions between a juvenile court and an adult criminal court include the ability to seal a juvenile record, the types of punishments imposed, the long-term consequences of a conviction, and the trial procedures used.

The main objective of the juvenile justice system is to help children undergo rehabilitation and personal growth. In contrast, the primary goal of an adult court is to punish offenders. The juvenile justice system and the law provide minors with the opportunity to change their behavior and become law-abiding adults. According to California law, minors cannot be tried in adult court.

Adolescents who are under the age of eighteen are typically under the jurisdiction of a juvenile court. However, in certain cases, the juvenile justice system could have authority over individuals under the age of twelve and up to the age of 25, depending on the severity of the offense.

Senate Bill (SB) 1391

In 2018, SB 1391 was passed, superseding the Prop 21 legislation. Previously, individuals under the age of 14 could face adult charges. However, with the enactment of Senate Bill 1391, you can only be tried as an adult in court if you are 16 years of age or older.

According to SB 1391, offenses committed while under the age of sixteen cannot be charged as an adult. Previously, serious and violent crimes committed by individuals aged 14 or older could have led to adult prosecution.

As per this law, you will only be subject to adult prosecution if you:

• Have reached the age of sixteen.
• Committed the crime when you were younger than sixteen, but you weren’t caught until you were older than eighteen.
• Are older than sixteen and the prosecution feels that your case should be sent to an adult court.

In the past, if you were 16 or older and committed a crime, you could have been prosecuted as an adult. Additionally, if you were fourteen or fifteen years old and involved in violent acts, you might have also faced an adult trial.

Prop 21

In 2000, voters approved California Prop 21, also known as the Juvenile Justice Initiative. This program aimed to reduce the high rate of youth offenses, particularly those associated with gang involvement. Under this rule, the prosecution has the option to charge a minor as an adult, regardless of their age. The Act also specifies certain offenses that require juvenile offenders to be prosecuted as adults. These include violent crimes such as murder, specific sexual offenses, and other serious and violent offenses.

Violent Offenses for Which a Juvenile Can Be Referred for Adult Prosecution

To be charged in an adult court, the crime committed must fall under one of the following categories. These offenses could also be classified as violent crimes under WIC 707(b).

• Kidnapping to rob someone.
• Kidnapping with intent to harm.
• Forced sexual interaction.
• Kidnapping for monetary gain.
• A lascivious or lewd act with the threat of force, violence, or significant bodily harm committed against a child under the age of fourteen.
• Threats of violent acts, serious bodily harm, or coercive oral copulation.
• Forceful or violent rapes or those in which physical harm is threatened.
• Sodomy using physical force, aggression, or threats of harm.
• Arson intended to cause significant physical harm or to target inhabited places.
• Assault with a weapon or potentially harmful object.
• Attempted murder.
• Robbery.
• Assault involving a high risk of serious physical harm.
• Aggravated mayhem.
• Murder.
• Detonating a gadget with the intention of murder.
• Voluntary manslaughter.
• Kidnapping to sexually abuse the victim.
• Drive-by-shooting.
• Carjacking.
• Certain offenses against individuals aged sixty years or older.
• Threatening or buying off a witness.
• Manufacturing, blending, or selling a half-ounce or greater quantity of an illicit substance.
• Using a weapon in an occupied or populated structure.
• Making use of a weapon that California PC 16590a explicitly prohibits.

Procedures for Charging a Juvenile Before an Adult Court for Violent Crimes

The prosecutor’s office has two options when a youngster is charged with a WIC 707(b) crime: they can either file a petition with the juvenile court asking for a “fitness hearing,” where the judge determines whether the child is qualified to face charges in the juvenile court.

In situations where minors under 16 years old are charged with WIC 707(b) crimes, hate crimes, crimes against victims who are over 65, or crimes allegedly associated with gang affiliation, the prosecution could opt to “direct file” the proceedings in adult court.

Juvenile courts typically prioritize helping children improve rather than punishing them. Before considering charging a minor in adult court, several factors must be considered. There are various approaches you can take to achieve this:

The prosecution has the option to file the case directly in an adult court or request a “fitness” hearing in juvenile court. In the latter scenario, child court judges have the authority to charge a juvenile as an adult if they determine that rehabilitation is not suitable. This includes charging eligible juveniles as adults for certain serious felonies without delay.

If neither of the previously specified procedures was completed before the matter was brought before the adult court, the court could dismiss the offender’s case. To ensure that the proper procedures are followed, parents or other close family members of the youngster should speak with an experienced juvenile criminal defense lawyer.

Detention Hearing

In juvenile justice proceedings, bail is not available. Instead, minors have detention hearings, where the court decides whether to keep them in a juvenile detention center or release them to their parents while the juvenile court case is pending.

The detention hearing aims to determine the best course of action for the physical custody of the juvenile. Typically, the purpose is to decide whether the minor should remain in juvenile custody for the duration of the trial or be allowed to return home with their family.

The seriousness of the offense, any prior convictions, and the parent’s capacity to provide a suitable and stable environment with appropriate supervision are typical factors that affect a person’s detention status. It’s important to note that the detention hearing must occur within 48 hours of the offender’s incarceration in this case. Any further delay would violate California’s juvenile statutes and the child’s rights.

This deadline highlights the importance of hiring a juvenile attorney as soon as possible, as there is no bail in the juvenile court system. Ensuring the prompt release of a child cannot be guaranteed, making it essential to have an attorney who is familiar with California’s juvenile rules and regulations.

Certain violent offenses are eligible to be heard in the juvenile delinquent court, even though they could be transferred directly to the adult criminal court without a direct filing or a fitness hearing. Unlike in the adult court system, a child accused of a crime cannot post bail to secure their release while the case is pending.

During the juvenile’s arraignment, the judge will decide whether to grant a speedy discharge or to keep the child in jail until the case is resolved.

Situations That Allow the Prosecutor to File A Fitness Hearing

A petition for a suitability hearing should only be filed in dire circumstances. If it is not necessary, the decision will inevitably be made in favor of the minor offender. It’s crucial to keep in mind that minors have legal protections and shouldn’t face punishment unless necessary.

The prosecutor is only required to begin the proceedings in the following situations:

• The accused minor, aged 14 or older, is charged with violating WIC 707(b).
• The defendant has been accused of a crime and is at least 16 years old.
• The minor is at least sixteen years old and allegedly has committed a crime in the past that led to them being placed under court supervision.
• The minor has committed two or more offenses since turning fourteen.

If the matter does not fall into one of the three categories listed above, it could not be appropriate for the prosecutor to file the motion. A strong defense from your defense attorney can help you argue for your child to receive rehabilitation instead of punishment.

How A Fitness Hearing Works

The court could, at its discretion or the prosecutor’s request, hold a fitness hearing after the detention hearing. Fitness hearings are usually conducted in criminal courts to hear and make decisions regarding your loved one’s case.

After the hearing, your child’s case might be transferred to a regular criminal court, or they might go to trial in a juvenile court. If your loved one is charged with a violent or serious crime (any offense covered under WIC 707(b)), they are likely to appear at a fitness hearing.

In some cases involving juveniles and violence, prosecutors have the option to transfer them directly to adult courts. However, it is always possible for a minor to receive the protection of a juvenile court. These hearings are necessary as a result.

Prosecutors only request a fitness hearing when it is necessary. Due to legal protections for children, your child will not face disciplinary punishment unless it is truly necessary or unavoidable.

The prosecutor can request a fitness hearing in the following situations:

• If the major offense was committed by your loved one when they were 14 years of age or older.
• The child became a ward of the court at the age of 14, committed at least two more serious felonies at the same age, and then committed a grave felony when he was at least sixteen.
• If they were at least 16 years old at the time of their arrest and faced significant felony charges.

If the circumstances in your case do not warrant a fitness hearing, it is unjust for the prosecutor to file a motion for one. A dedicated criminal defense lawyer can stand by your side, supporting you in your pursuit of therapy and recovery rather than punishment.

Depending on how the hearing goes, your loved one could or could not be charged with a crime as an adult. The court must consider the prosecution’s claims and supporting documentation to make a decision. To make a fair decision, they must also listen to your testimony and consider any evidence you or your child could have. The judge should also take into account the juvenile’s past misbehavior, as well as the type and seriousness of the underlying crime.

The court will consider the following elements when deciding how to proceed with a fitness hearing:

• If the child has the opportunity to receive assistance before benefiting from the protections of the juvenile justice system.
• How well the juvenile has recovered from prior attempts at rehabilitation.
• The types of crimes the minor has committed in the past, as well as the possibility that they could commit new ones in the future.
• The details and seriousness of the offense that led to the petition.
• The type of underlying crime and its level of sophistication.

The main goals of the fitness hearing are to determine if the minor’s offense falls under the jurisdiction of the juvenile justice system and whether they are eligible for assistance if the case is handled by a juvenile court. The judge could require the prosecutor to file the lawsuit in court if necessary.

Judgment and Disposition

However, the adjudication hearing will take place if the fitness hearing is either dismissed or concludes under California juvenile law. This hearing serves as the juvenile version of a “trial.” California juveniles do not have the right to a jury trial. Instead, a juvenile court adjudicator makes the final decision. At this stage, it is crucial to seek the assistance of a juvenile defense lawyer.

The outcome of the juvenile’s case is declared during the disposition phase, which is the final stage. Unfortunately, the juvenile’s involvement with the California juvenile court system might not be concluded. Typically, the juvenile will receive a probationary term, which is less severe than an adult sentence. Under probation, adolescents can attend school, live with family, receive treatment, or make reparations for damages, depending on the offense.

In other cases, the child could be placed in state custody as a Ward of the State/Court until they reach the age of eighteen. In some of the worst circumstances, they could be detained until they turn 25. Juveniles in juvenile court are considered guilty of committing an alleged offense, but they are not found guilty as individuals if the juvenile court judge determines that the criminal accusations are well-founded.

Therefore, there is no conviction to expunge. However, several circumstances can make this process impossible. Nevertheless, individuals who have completed the juvenile program often request to have their criminal records sealed.

Certain violent offenses could remain in the juvenile delinquent court, even though they can be transferred directly to adult courts without the need for fitness hearings or direct filings. Unlike in the adult court system, a juvenile accused of a crime cannot post bail to secure their release while the case is pending.

During the arraignment of the juvenile, the judge will decide whether to keep the kid in jail until the case is resolved or to release them with strict conditions so they can go back home. This decision will largely rely on the remarks and advice given by the probation officer.

Consequences That A Minor Could Face

If juveniles are found guilty in adult courts, they will face severe consequences. The most severe outcome for a young person convicted in juvenile court is that they could be kept in custody by the California Department of Corrections and Rehabilitation and Department of Juvenile Facilities until the age of 25.

However, depending on the seriousness of the crime, a minor charged in adult court can face the same penalties as an adult, such as life in jail without the possibility of parole. It is important to note that the death sentence could never be applied to a minor.

Minors accused of serious crimes in the juvenile court system are granted many of the same rights and benefits as adult criminals. This includes the opportunity to review the evidence against them, the right to invite witnesses to testify, and the right to discovery. Having an experienced juvenile defense lawyer could be essential, especially in situations where the charges could have been brought due to the youngster resorting to violence in self-defense.

Find A Van Nuys Juvenile Attorney Near Me

If someone you care about is accused of a serious crime, it is normal to feel overwhelmed with emotions. This situation can become more complicated if the prosecution wants to move the case to an adult court due to the seriousness of the crime. In such cases, it’s crucial to find a professional lawyer who can defend the rights of the accused. At Leah Legal, we specialize in representing minors in criminal defense cases in Van Nuys, California. Our priority is to do everything we can to protect your child’s well-being. Give us a call today at 818-484-1100.

Community programs play a vital role in addressing juvenile delinquency by preventing delinquent behavior, intervening early when necessary, and supporting the rehabilitation and reintegration of youth into society. These programs empower youth to make constructive choices, overcome challenges, and build brighter futures by offering positive alternatives, support, and resources. In this blog, we will explore community programs’ role in addressing juvenile delinquency.

Understanding Juvenile Community-Based Corrections

Juvenile community-based corrections programs are designed to provide rehabilitative interventions for youth involved in the justice system. Unlike traditional incarceration, which often aggravates underlying issues and increases the likelihood of reoffending, community-based corrections focus on addressing the root causes of delinquent behavior while keeping youth connected to their families, schools, and communities. These programs emphasize accountability, skill-building, and positive reinforcement, aiming to promote personal responsibility and facilitate successful reintegration into society.

Key Components of Juvenile Community-Based Corrections Programs

Here are the key components of juvenile community-based corrections programs:

Individualized Treatment Plans

Each youth in a community-based corrections program receives a personalized treatment plan tailored to their unique needs, strengths, and challenges. These plans may include counseling, educational support, vocational training, substance abuse treatment, and mental health services, among other interventions.

Case Management and Supervision

Case managers are critical in overseeing the progress of youth enrolled in community-based corrections programs. They provide ongoing support, monitor compliance with program requirements, and connect youth with resources and services in the community. Through regular meetings and check-ins, case managers help youth stay on track and address any obstacles they may encounter.

Restorative Justice Practices

Restorative justice principles are often incorporated into community-based corrections programs, emphasizing accountability, victim-offender dialogue, and community involvement. Through restorative justice practices such as victim-offender mediation, restitution, and community service, youth are encouraged to take responsibility for their actions, make amends for harm caused, and repair relationships with those affected by their behavior.

Education and Skill Development

Education is a cornerstone of juvenile community-based corrections programs, providing youth with the knowledge and skills they need to succeed. These programs offer academic support, GED preparation, vocational training, and life skills workshops to help youth build a foundation for future success and employment.

Family Involvement

Family engagement is essential for the success of community-based corrections programs. By involving parents and caregivers in the rehabilitation process, these programs strengthen family bonds, improve communication, and provide a supportive network for youth transitioning back into the community. Family counseling, parenting classes, and support groups are common components of family involvement initiatives.

Juvenile Community-Based Corrections Programs

Below is an overview of juvenile community-based corrections programs, highlighting their objectives, key components, and impact on youth and communities.

District Attorney’s Truancy Abatement Program (TAP)

In 1994, recognizing the effects of truancy on academic achievement, juvenile crime rates, and future opportunities for students, the District Attorney’s office launched the Truancy Abatement Program (TAP). The program was established as a proactive response to address truancy at its roots and prevent the escalation of delinquent behavior among youth.

Objectives of TAP

From its inception, the District Attorney’s TAP has been guided by the following objectives:

Early Intervention

TAP aims to intervene early with students demonstrating patterns of truancy, identifying underlying issues, and providing support to address barriers to attendance.

Prevention

TAP seeks to prevent the negative consequences associated with truancy, including academic underachievement, juvenile delinquency, and future involvement in the criminal justice system.

Collaboration

TAP fosters collaboration among schools, law enforcement agencies, community organizations, and families to create a unified approach to addressing truancy and promoting regular school attendance.

Accountability

TAP holds students and parents/guardians accountable for attendance, implements strategies to monitor attendance, provides incentives for improvement, and enforces consequences for continued truancy.

The Fresh Lifelines For Youth Program (FLY)

Founded in 2000, FLY emerged in response to the critical need for effective interventions to address the underlying issues driving youth involvement in the justice system. With a vision of breaking the cycle of incarceration and empowering youth to reach their full potential, FLY began its journey to transform the lives of at-risk youth in California.

Objectives of FLY

The following core objectives guide the Fresh Lifelines For Youth Program (FLY):

Rehabilitation

FLY aims to provide youth with the tools, resources, and support they need to address the underlying issues contributing to their involvement in the justice system and make positive changes in their lives.

Empowerment

FLY seeks to empower youth to become agents of change in their communities by fostering leadership skills, self-confidence, and a sense of purpose and belonging.

Education and Skill-Building

FLY prioritizes education and skill-building, offering academic support, life skills workshops, vocational training, and mentorship opportunities to help youth achieve their educational and career goals.

Community Engagement

FLY emphasizes the importance of community involvement and collaboration, working closely with schools, law enforcement agencies, nonprofits, and other stakeholders to provide comprehensive support to youth and their families.

FLY’s Law Program

Founded as a part of the broader Fresh Lifelines for Youth (FLY) organization, FLY’s Law Program emerged from a recognition of the critical need to equip at-risk youth with legal knowledge and advocacy skills. The program was conceived as a response to the challenges faced by youth involved in the juvenile justice system, aiming to demystify the legal process, promote awareness of rights and responsibilities, and foster civic engagement among youth.

Objectives of FLY’s Law Program

The following core objectives guide FLY’s Law Program:

Legal Education

The program aims to provide youth with a comprehensive understanding of the legal system, including their rights, responsibilities, and the consequences of their actions.

Advocacy Skills

FLY’s Law Program seeks to empower youth with advocacy skills, including communication, negotiation, critical thinking, and problem-solving, enabling them to effectively navigate legal proceedings and advocate for themselves and others.

Civic Engagement

FLY’s Law Program promotes civic engagement and community involvement among youth, encouraging them to become informed and active participants in the legal and democratic processes.

Prevention of Recidivism

By educating youth about the legal consequences of delinquent behavior and providing them with alternatives to involvement in the justice system, FLY’s Law Program aims to prevent recidivism and promote positive behavior change.

Key Components of FLY’s Law Program

FLY’s Law Program incorporates several key components to achieve its objectives:

Legal Workshops

The program offers interactive workshops led by legal professionals, covering topics such as criminal law, juvenile rights, court procedures, and conflict resolution.

Mock Trial Competitions

FLY’s Law Program organizes mock trial competitions where youth have the opportunity to apply their legal knowledge and advocacy skills in a simulated courtroom setting.

Legal Clinics

The program provides access to legal clinics staffed by volunteer attorneys, who offer pro bono legal advice and assistance to youth facing legal challenges or seeking information about their rights.

Youth Leadership Councils

FLY’s Law Program facilitates youth leadership councils where participants can discuss legal issues, develop advocacy campaigns, and become advocates for change in their communities.

Courtroom Observation

The program arranges courtroom observation opportunities, allowing youth to witness real legal proceedings and gain firsthand insight into the justice system’s workings.

Victim-Offender Mediation program

Originating in the restorative justice movement, this program was developed as a collaborative effort between criminal justice professionals, community leaders, and advocates for victims’ rights. The program was designed to provide a structured and supportive framework for victims and offenders to engage in constructive dialogue, address the harm caused by the offense, and work toward resolution and healing.

Objectives of the Victim-Offender Mediation Program

The following core objectives guide the Victim-Offender Mediation Program:

Facilitating Dialogue

The program aims to facilitate open and honest dialogue between victims and offenders, providing a safe and supportive environment for both parties to express their perspectives, emotions, and concerns.

Repairing Harm

By acknowledging the impact of the offense on the victim and the community, the program seeks to identify ways to repair the harm caused and restore relationships to the extent possible.

Promoting Accountability

The program encourages offenders to take responsibility for their actions, acknowledge the consequences of their behavior, and commit to making amends to the victim and affected parties.

Empowering Victims

Through the mediation process, victims are given a voice and an opportunity to express their needs, preferences, and desires for resolution, empowering them to play an active role in the justice process.

Key Components of the Victim-Offender Mediation Program

The Victim-Offender Mediation Program incorporates several key components to achieve its objectives:

Preparation and Facilitation

Trained mediators facilitate the mediation process, guiding participants through structured discussions and helping to establish ground rules and goals for the session.

Voluntary Participation

Participation in the mediation process is voluntary for both victims and offenders, ensuring that all parties enter into the process willingly and without coercion.

Victim-Centered Approach

The program adopts a victim-centered approach, prioritizing the needs, concerns, and preferences of the victim throughout the mediation process.

Confidentiality

Mediation sessions are conducted in a confidential setting, allowing participants to speak freely and openly without fear of reprisal or judgment.

Agreement and Follow-Up

If agreement is reached during mediation, a formal agreement outlining the terms of restitution, apology, or other reparative actions is drafted and signed by all parties.

Follow-up meetings may be conducted to monitor compliance with the agreement and address any issues or concerns that arise.

Leadership Program

Leadership programs play a pivotal role in fostering leadership qualities and nurturing the next generation of leaders. They offer a structured environment for participants to explore their strengths, develop essential skills, and gain practical experience in leadership roles. Moreover, these programs promote collaboration, critical thinking, empathy, and resilience, equipping individuals with the tools they need to navigate complex challenges and drive positive change in their spheres of influence.

Key Components of Leadership Programs

Below are some of the key components of the leadership program:

Skill Development

Leadership programs focus on developing a diverse range of leadership skills, including communication, problem-solving, decision-making, conflict resolution, and strategic planning. Through workshops, seminars, and experiential learning opportunities, participants enhance their abilities to lead effectively in various contexts.

Mentorship and Coaching

Mentorship and coaching play a crucial role in leadership programs, providing participants with guidance, support, and feedback from experienced leaders. Mentors and coaches serve as role models, advisors, and advocates, helping participants navigate challenges, set goals, and achieve their full potential.

Practical Experience

Leadership programs often incorporate hands-on experiences, such as internships, community projects, and leadership roles within organizations or clubs. These opportunities allow participants to apply their skills in real-world settings, gain valuable insights, and make tangible contributions to their communities.

Networking and Collaboration

Leadership programs facilitate networking and collaboration among participants, fostering connections, partnerships, and opportunities for collaboration. By engaging with peers from diverse backgrounds and disciplines, participants broaden their perspectives, build support networks, and forge lasting relationships.

Personal Growth and Reflection

Leadership programs encourage personal growth and reflection, providing opportunities for self-assessment, goal-setting, and ongoing learning. Through activities such as journaling, self-assessment tools, and group discussions, participants gain insights into their strengths, values, and areas for development, fostering a continuous process of growth and self-improvement.

The Youth Advocacy For Educational Rights Project (Project YEA)

Project YEA emerged from a recognition of the pervasive inequities within the education system and the need for dedicated advocacy to address these disparities. Founded by a coalition of educators, activists, and youth leaders, Project YEA was established as a grassroots initiative to amplify the voices of young people and advocate for policies and practices that prioritize educational equity and social justice.

Objectives of Project YEA

The Youth Advocacy For Educational Rights Project (Project YEA) is guided by the following core objectives:

Empowering Youth Voices

Project YEA aims to empower youth to become advocates for their educational rights and active participants in shaping their learning environments.

Promoting Educational Equity

Project YEA advocates for policies and practices that promote educational equity, including access to high-quality education, culturally responsive curriculum, and support services for marginalized and underserved communities.

Addressing Systemic Barriers

Project YEA works to identify and address systemic barriers to educational access and success, including disparities in school funding, disciplinary practices, access to advanced coursework, and resources for students with disabilities or English language learners.

Providing Support and Resources

Project YEA provides support and resources to youth and their families, including information about educational rights, advocacy training, mentorship opportunities, and access to legal assistance when needed.

Key Components of Project YEA

Below are some key components of the YEA program:

Youth Leadership Development

Project YEA offers leadership development opportunities for youth, including training in advocacy skills, public speaking, community organizing, and grassroots mobilization.

Policy Advocacy

Project YEA engages in policy advocacy at the local, state, and national levels, advocating for legislative and policy changes that advance educational equity and support the needs of underserved youth.

Community Engagement

Project YEA fosters community engagement and collaboration, partnering with schools, community organizations, policymakers, and other stakeholders to address systemic challenges and promote positive change.

Legal Support and Advocacy

Project YEA provides legal support and advocacy for youth and families facing educational barriers, including issues related to special education services, school discipline, discrimination, and access to educational resources.

Youth-Led Initiatives

Project YEA supports youth-led initiatives and campaigns aimed at addressing specific educational issues, raising awareness, and mobilizing communities to take action.

Community-Based Alternatives After Adjudication

Community-based alternatives before adjudication encompass a diverse range of programs and interventions designed to divert youth away from the formal juvenile justice system and towards more rehabilitative and supportive pathways. These alternatives often involve collaboration between law enforcement, social services, schools, community organizations, and other stakeholders to provide comprehensive support and resources to at-risk youth and their families.

One example of a community-based alternative before adjudication is diversion programs, which offer eligible youth the opportunity to participate in community service, counseling, restorative justice practices, or other rehabilitative interventions instead of facing formal charges. These programs aim to address the root causes of delinquent behavior, such as family dysfunction, substance abuse, mental health issues, or lack of educational opportunities, while holding youth accountable for their actions and promoting positive behavior change.

Community-Based Alternatives After Adjudication

Community-based alternatives after adjudication encompass a wide range of programs and interventions aimed at supporting youth as they navigate the aftermath of their involvement in the justice system. These alternatives leverage community resources, support networks, and collaborative partnerships to provide comprehensive and holistic support to youth and their families.

One prominent example of a community-based alternative after adjudication is probation or supervised release. Instead of serving time in detention facilities, youth are placed on probation under the supervision of probation officers who monitor their compliance with court-ordered conditions and provide support, guidance, and resources to help them successfully reintegrate into the community. Probation may involve participation in counseling, educational programs, community service, or other rehabilitative interventions tailored to the individual needs of the youth.

Another example is community-based treatment programs, which offer specialized services to address the underlying issues contributing to delinquent behavior, such as substance abuse, mental health disorders, or trauma. These programs provide counseling, therapy, life skills training, educational support, and other resources to help youth overcome challenges, develop positive coping strategies, and build a foundation for long-term success.

Find a Criminal Defense Attorney Near Me

If you or a loved one is struggling with juvenile delinquency, there are community programs and resources available to provide support and assistance. Whether you’re a young individual facing challenges or a family member concerned about a loved one’s behavior, reaching out for help is the first step towards finding solutions and creating positive change.

At Leah Legal, we are dedicated to providing knowledgeable guidance to ensure that you or your loved one receives the support and representation needed to navigate through the juvenile justice system. From exploring alternative sentencing options to providing legal representation in court, our Van Nuys defense attorneys are here to support you every step of the way. Call us today at 818-484-1100.

You know how unpleasant an arrest is if it has happened to you or witnessed it happening to someone else. If you are a crime suspect, the police will likely catch you off guard when they knock on your door with a warrant. Most arrestees are caught by surprise because they were unaware of an active arrest or bench warrant against them.

No law enforcement officer will notify you that a judge has issued an arrest warrant for your arrest. You must inquire about the warrant and take the necessary measures to prevent an embarrassing arrest.

However, how do you determine whether you have an active warrant against you?

You must partner with a competent criminal attorney to educate you and walk you through the process.

Legal Definition of a Warrant

As the name suggests, an arrest warrant is an official document issued by a presiding judge to the police, permitting them to arrest a suspect named in the document. Judges issue warrants for several reasons. The primary one is if you or someone titled in the formal authorization is suspected of engaging in a criminal act.

Concerning the arrest reasons, the formal document will outline the strict procedures the law enforcers must abide by while conducting the arrest, and the bail figure you, the arrestee, will part with after the arrest to exit jail pending trial.

California has two primary forms of warrants: arrest warrants and bench warrants. Arrest warrants are issued when you are suspected of a crime. In contrast, bench warrants are issued for contempt of court, including failure to appear as scheduled, refusal to pay court financial fines, or violation of court instructions.

Authorities will not inform you of a pending warrant. Typically, you will be unaware of the warrant until the arrest happens, which can be embarrassing. Therefore, when you suspect an active warrant is out there for your arrest, you must speak to your attorney for guidance and to prevent the matter from escalating.

Before delving into how to tell if there is an active warrant for arrest, discussing the various forms of warrants in detail is critical.

Arrest Warrants

A judge issues a warrant of arrest when authorities have compelling evidence that you are engaging in criminal activity. When the judge grants the police this formal document, it marks the commencement of your case. The document authorizes police to arrest and detain you for a suspected crime committed without the presence of police officers.

A judge or magistrate issues this official document if there is solid proof presented by the prosecutor or police of suspected criminal activity by an individual or after a grand jury accusation or indictment. A valid document must have:

• The suspect’s name.
• The alleged criminal violation.
• Warrant issuance time.
• The location where the warrant was issued.
• Title and sign of the issued magistrate or judge.
• Name of the court where the formal document was issued.

After the issuance of the official document, there will be no time restriction on when to execute it if it is for a felony crime. When the crime is a misdemeanor, police should execute the warrant between 6 AM and 10 PM unless the arrest happens in public, the presiding judge instructs otherwise, or you are already in custody.

The warrant remains active until you are apprehended and detained or the judge quashes it after discovering exonerating proof. Other warrants will expire if the statute of limitations lapses before your arrest.

You must know that the law requires the police to have a valid warrant before making an arrest. Besides, you, the suspect, can request to examine the warrant to establish its validity if law enforcement visits you for an arrest.

For the enforcers to obtain the warrant, they must present an affidavit before the judge. The document is delivered under oath and comprises sufficient and factual details indicating that the party mentioned in the arrest authorization committed a crime.

An affidavit is a written declaration submitted to the court with truthful information that the party making the allegations, in this case, the police, insists the details are accurate. The document also contains the accuser’s signature and statement showing they are ready for prosecution if the court discovers the allegations are false.

If the affidavit details are not compelling to the judge, the court will not issue the warrant. Also, if there are no witnesses to the crime alleged in the affidavit, the judge declines to grant the warrant.

Bench Warrants

Otherwise called body attachment, judges issue bench warrants when you are in contempt of court. A judge issues this warrant in the following situations:

• When you skip scheduled court hearings or an evolution or progress report proceeding,
• When you fail to pay imposed financial fines.
• When you disregard court orders.
• When you refuse to pay for a traffic ticket or citation.
• Failure to pay child support.
• Refusal to show up in court on a summons.
• Probation breach.

It is worth understanding that the officers should not utilize excessive force or lethal weapons when executing an arrest or bench warrant unless circumstances force them to do so. Besides, you must know that bench warrants have no expiration duration. They stay active until a judge recalls them or you present yourself in court. Bench warrants remain outstanding indefinitely despite the duration lapsed since their issuance or your current location.

Failure to Appear (FTA) Warrant

A common form of bench warrant judges issue is the FTA warrant. If your skipping of court hearings was deliberate or you do not have any valid reason for not showing up, you risk criminal counts and the withdrawal of your driving privileges. Willful or intentional FTA is the refusal to appear before a judge within two weeks of the planned court hearing.

A breach of a jotted promise to be present in court is a misdemeanor. When the prosecutor proves all the elements of the offense, you risk spending at most half a year behind bars. When you obtain a pretrial discharge from custody for a misdemeanor offense but fail to show up for trial, the offense is a misdemeanor that attracts at most six months of jail incarceration. However, when the baseline offense is a felony, FTA can attract either misdemeanor counts that attract twelve months of imprisonment or a felony count punishable by no more than 36 months.

Refusal to Pay for Warrants

Another type of bench warrant is the refusal to pay for warrants after failing to pay court financial fines within the stipulated duration. Intentional or willful refusal to pay is a misdemeanor or infraction contingent on the case’s facts. The offense attracts $300 in civil valuations, driving privilege suspension for thirty days, and probation.

Search Warrants

Search warrants do not authorize police to make arrests. Instead, they permit the authorities to search the person, car, residence, business premises, or any specified area in the warrant alleging illegal activity or substances. These warrants state the places and properties subject to the search. Besides, they mention the factual foundation for the warrant and give a timeframe within which authorities should execute the search.

Typically, these are executed immediately and are only valid for ten days. The time for execution is between 7 AM and 10 PM unless the judge instructs otherwise.

The presiding judge reissues it if probable cause exists to search a person or property and the warrant has lapsed.

1. Search Warrant Grounds

Judges issue search warrants for several reasons, including:

• The property in question, like merchandise in a store, was stolen.
• The property in question was used in the commission of a crime.
• The item being searched is proof of a crime.

The police must present an affidavit with probable cause to the judge to convince them to issue a search warrant. Therefore, the warrant will be invalid and unenforceable if the affidavit presented to the judge is not hinged on probable cause or if the warrant does not explicitly describe the location of the property to be searched.

Even when a warrant is valid on the face, police can sometimes contravene the law when they seize property not mentioned in the official document authorizing the search. When police disregard a valid search warrant and gather evidence to charge you with a crime, your defense attorney can file a motion to suppress evidence in court if the proof was obtained illegally or outside the stipulations of the warrant. 

2. Search Warrant Exceptions

Even though proof obtained outside the search warrant is often inadmissible in court, exceptions exist when the court admits such evidence. These exceptions are:

• The officers searching were acting in good faith and reasonably believed the warrant was valid, even if judicial mistakes prevented its issuance.
• There are exigent circumstances like police avoiding the destruction of proof or escape of the suspect.
• The proof is in plain view of law enforcement.

3. No-Knock Search Warrant

Law enforcement can enter your property without ringing the doorbell, announcing themselves, or knocking when the judge issues them a no-knock search warrant. The judge issues this form of warrant if they believe police revealing themselves would enable the occupants or suspects on the property to flee, destroy evidence, arm themselves, or endanger the lives of others.

Ways to Check if you have an Outstanding Arrest Warrant

Police execute arrest warrants without warning, which can be embarrassing, especially if the arrest happens in the presence of your coworkers or family. An outstanding warrant for your arrest allows officers to arrest you at any moment without allowing you to explain the situation to your loved ones. So, learning about an active warrant before the officers see you is vital. Doing so gives you time to explain your situation to the family to avoid humiliation and organize your defense.

The common ways you can check out an active warrant against you are:

Look Up Your Name in the Relevant County Sheriff’s Superior Court’s Website

The internet has simplified the process of obtaining information. You can run a search from the comfort of your living room. Therefore, if you have engaged in any criminal activity like domestic violence and believe the victim reported the matter to the authorities, you should check if there is a pending arrest warrant against you. Also, if someone witnessed you commit a crime and can identify you, then you should suspect there is an outstanding warrant for your arrest.

When the court has issued law enforcement with an arrest warrant, you should find the information on the website of the relevant court that issued the warrant or the sheriff’s department in the area where the crime happened. Visit these sites to find out whether there is an arrest document in your name. Learning about the warrant early helps you prepare adequately, including enlisting the services of a defense attorney.

How do you search?

Type your name on California arrests and click search. On the other hand, you can run the search on the Superior Court’s site by searching for arrest warrants. After, you should type your official name, birth date, and driver’s license number for accurate details.

Run a Criminal Background Check

Running a background check on your criminal record is also a way of knowing if you have an active warrant. Here, you will find more information than just an outstanding arrest warrant. All the details about your school, attendance date, prior convictions, negative information on your credit statement, criminal records, and pending arrest warrants will be shown here. 

The familiar parties that run background reviews are potential employers and property managers. However, you can do background checks on yourself. If you have little information on how to do it, you can appoint someone else to do it for you.

From the outcome of the search, you can tell if there is an outstanding warrant. You can also find it if you are on the wanted list of law enforcement or a crime suspect.

You can find this information online because once the judge grants the warrant, the clerk enters the details on the court’s website, meaning all police and law enforcers have access to the details and can execute the arrest if they spot you.

Call the Local Police Department or the Federal Court

If you want to answer questions from the magistrate or police, you can call them to inquire about an arrest warrant. However, if you are cynical about it, have a third-party contact or visit the offices for the details.

When you call any of these offices, they will ask for your official name and age. They will then scan the details in the national database and give you the necessary information.

Call Your Criminal Defense Attorney

If you do not want to find out about the warrant yourself, you can enlist an attorney to do it for you. Registered criminal defense attorneys have access to databases, some of which are unavailable to the general public. Therefore, you will find accurate information about an impending arrest by hiring an attorney.

Additionally, an attorney will explain your situation and the process you should expect if there is an outstanding warrant.

Action to Take if there is an Outstanding Arrest Warrant

Many crime suspects go to great lengths to avoid arrests, including skipping town. After all, the arrest record will show up in your history and negatively affect many areas of your life. Nevertheless, running away escalates the issue because you become a deserter, and it becomes obvious you are guilty of the alleged crime. Therefore, do not be tempted to run. Stay calm and contact a criminal defense attorney for guidance.

Your legal representative will establish the reason for the warrant and the severity of the counts and then decide the way forward. Your attorney should inquire about law enforcement’s proof and corroborate that the warrant is yours. You could be wrong to think that a warrant for an arrest is yours when it is not. Therefore, an attorney should do their homework on the warrant and learn everything about it. Please do not contact the court or police without confirming it is your warrant.

After your attorney confirms that an arrest warrant is yours, they will establish the charge you face. If the warrant is not for the crime you committed, the attorney will present you in court to clear your name. That way, you will not spend time behind bars. Nevertheless, when the charges against you are accurate, the attorney will inquire about the bail set for the warrant and post it to obtain a pretrial release.

Conversely, if an outstanding bench warrant is against you, your attorney must present you before a judge to quash it. The defense lawyer can appear for you if you skipped scheduled hearings or refused to make payment linked to a misdemeanor crime. The move to appear on your behalf prevents the judge from detaining you when you appear in person.

If you have an active warrant, bench, or arrest, lay low and let your attorney have it recalled or quashed. Have the attorney handle the warrant soon to avoid further implications.

Find a Competent Criminal Attorney Near Me

If you have engaged in a criminal violation and suspect a warrant is out for your arrest, confirm if the warrant exists to avoid an unpleasant arrest. Luckily, you can easily find the information from anywhere today. However, hiring an attorney for the work is best to gather accurate information about the warrant. At Leah Legal, we can establish if there is an outstanding warrant and defend you in the trial. Call us at 818-484-1100 to schedule a meeting in Van Nuys, CA.

A restraining order is issued by the civil court, requiring one person not to harass or harm another person. Police officers enforce the restraining orders. A restraining order prohibits the alleged abuser from making physical contact or communicating with the protected person.

Depending on the type of abuse or harassment, the court can issue a domestic, civil harassment, or workplace violence restraining order. Many people who seek protection from restraining orders or are served with one may be unsure of the way forward to protect their rights.

Common questions may linger in your mind, including how different court orders differ. Another question that most people ask is what the restraining order will do and the process of obtaining one. If you are served with a restraining order or seek the protection offered by these orders, you must seek competent legal insight.

The following are some frequently asked questions about restraining orders in California:

What is a Restraining Order?

A restraining order is a court order you can request to protect yourself or another person from harassment, threats, and violence. In addition to protection, the restraining orders limit contact between the restrained persona and the protected person through terms like:

• Stay Away Orders

When a restraining order is issued, the restrained person is prohibited from contacting the protected person. Contact, in this case, could include physical contact and electronic communication. Additionally, the court could stipulate a distance within which the restrained person should not come close to the protected person.

• Residence Exclusions

 If you seek a domestic violence restraining order against a spouse or cohabitant, the court could order the restrained person to move out of the shared residence.

• Personal Conduct Orders

The provision for personal conduct on the restraining orders prevents destructive behaviors and contact between the involved parties.

What Types of Restraining Orders are Available?

The court can issue four restraining order types to protect a person from harassment or violence. Each type of restraining order has a different approach and dictates certain conduct from the restrained person. The relationship between the protected person and the restrained person could significantly impact the type of order that the court will issue. The different types of restraining orders include:

Domestic Violence Restraining Order

Domestic violence is a serious offense that involves causing harm to a loved one. This could include an elder in our home, a cohabitant, a spouse, or your child. The court issues a domestic violence restraining order to protect the victims of domestic violence. With this type of restraining order, you can be protected from criminal threats, violence, or harassment.

Often, victims of domestic violence are individuals who suffer crimes like domestic battery, child abuse, and inflicting corporal injury on a spouse, among others. The court can issue an emergency protective order for immediate protection of the domestic violence victim while a hearing and evidence to warrant a permanent restraining order are being gathered.

The domestic violence restraining order prohibits all forms of contact between the restrained and protected person. Contact, in this case, could include physical interaction or electronic communication. Obtaining a domestic violence restraining order requires the victim to report the domestic violence incident to the police.

If the responding officers see the need for immediate protection, you can receive an emergency protective order. Before obtaining the permanent order, you must prove that another person abused or threatened you or your minor child. Additionally, it must be clear that the alleged abuser was a domestic partner or a close relative.

Civil Harassment Restraining Order (CHRO)

Under the California legal system, a civil harassment restraining order is issued to protect someone from harassment, threats, and violence from a person with whom they do not have a close relationship. You can seek this type of restraining order if your neighbor, friend, or roommate harasses or threatens you.

For this court order, harassment involves unlawful sexual violence, credible threats of violence, and conduct that annoys another person. Like in a domestic violence restraining order, the language in a civil harassment restraining order requires the restrained person to avoid physical contact and communication with the protected person.

If the threat of violence is grave, the court may also order that the restrained person surrender their firearms and avoid purchasing additional ones during the duration of the restraining order. A CHRO can offer protection for up to five years and could be subject to renewal if the threat still exists.

Before obtaining a CHRO, you must fill out some judicial council forms and attend a hearing where you will prove that you are a victim of harassment and threats. If a CHRO is issued against you, you must attend the hearing, where you can defend yourself against the order.

Workplace Violence Restraining Order

In California, an employer can request a restraining order to protect one or more employees from harassment, stalking, and violence. Often, these types of orders are necessary when abuse in the form of threats or actual violence arises at the workplace. An employer is the only party allowed to seek this restraining order.

The provisions of the workplace violence restraining order require the restrained person to stay away from the protected person, both at work and outside of work. The workplace violence restraining order can protect independent contractors, part-time workers, full-time employees, and volunteers.

The employer must fill out several court forms when requesting a workplace violence restraining order. These forms will detail the exact nature of the alleged abuse that an employee has experienced. After receiving these forms, the judge determines whether there is a need for a temporary restraining order. A hearing is held within two to three weeks for a permanent restraining order to offer long-term protection.

Elder Abuse Restraining Order

An elder is an individual over sixty-five years old. In most cases, these individuals depend on others for daily care. The court can issue an elder abuse restraining order to prevent someone from abusing or neglecting an elder. Abuse, in this case, could be physical, emotional, or financial.

An elder abuse restraining order can prevent the abuser from neglecting the elder, causing them harm, or taking their money without consent. An elder can file a restraining order for personal protection, and others can file it for them.

Can I Obtain a Restraining Order for my Child?

Yes. If a minor is in danger of harm by a relative or another person, they can enjoy protection from a restraining order. The process of obtaining a restraining order for a minor involves gathering evidence of violence and harassment and presenting it to the court with a petition for protection.

The court can issue a restraining order for a minor if there is evidence to show an existing relationship between the minor and the alleged abuser.

What Evidence Do I Need for a Restraining Order in California?

The restraining order program is an essential tool in ensuring the safety of individuals who have suffered abuse and harassment from their close relatives, workmates, caregivers, or even strangers. Since the restraining order mandates no contact between an abuser and the protected person, the pattern of abuse can be stopped.

Regardless of the type of order, the person who seeks a restraining order has the burden to prove that they are suffering abuse or that their safety is at stake. Evidence you can use to support your case includes:

• A police Report

Most instances of abuse are reported to law enforcement officers. When the officers respond to such calls, they will write a report about the incident. This report can contain information about the alleged abuse and can be used to warrant a restraining order.

• Medical Records

Restraining orders can be obtained even when there is no physical violence. The judge issues restraining orders to protect the victims of verbal threats. However, if you suffered injuries from the abuse, seeking medical attention is essential. If your injuries are consistent with abuse, you will be in a better position to receive the restraining order.

• Written Documentation

If you have suffered a pattern of abuse and have documented the incidents in a diary, you can present the information to the court. This could give the judge a reason to issue a restraining order for your protection.

• Witness Statements

Having a witness testify to the account of events where you suffered abuse or threats could be critical in your journey to obtain a restraining order in California. Friends or family who notice injuries consistent with abuse on you can also testify in your restraining order hearing.

How Long Does It Take to Obtain a Restraining Order?

You will obtain a restraining order against another person by filing a request with the court. The court can issue an emergency restraining order if you are in immediate danger. This type of order offers immediate protection and lasts up to seven days. While you enjoy the protection of the emergency restraining order, you can seek a temporary restraining order, which prohibits contact between you and your abuser for up to twenty-five days.

The court will then hold a hearing where you and the restrained person must present evidence. If the judge sees the need for continued protection, they will issue a permanent restraining order, which offers protection for up to five years. Restraining orders are renewable. Therefore, if the threat of harm still exists after five years, you can petition the court to renew the order.

What is the Cost of Obtaining a Restraining Order?

Due to the severity of the incidents that warrant restraining orders, there is no filing fee for a restraining order in California. This helps ensure that all individuals can enjoy the protection the order offers. Additionally, a lack of filing fees prevents delays that could arise during the processing of payments.

However, obtaining a restraining order is a complex task. Therefore, you will need a competent restraining order attorney for legal guidance. This means that you will incur some legal fees for the success of the process. Sometimes, there are additional fees to deliver the restraining order. If you are of low income or a victim of severe domestic violence, the court may offer you a waiver for this fee.

What Happens at a Restraining Order Hearing in California?

When a request for a restraining order is filed, the judge will hold a hearing where the alleged abuser and the petitioner must attend. At the restraining order hearing, each party involved can give their account of events.

When the petitioner is done giving their account, the alleged abuser will be allowed to defend themselves against the order. The court will require evidence from both sides to support each account. In addition to giving a personal testimony, you can present a witness to support your account.

In most cases, the petitioner and their attorney will push for the restraining order to be imposed under the harshest conditions. On the other hand, the restrained person will work to prove to the court that the restraining order is unnecessary.

At the end of this hearing, the judge will determine whether there is a need for a restraining order and how long it should last. Whether you are seeking or fighting against a restraining order, you can increase your chances of winning a restraining order through the following steps:

• Organize Your Evidence Correctly

You must present sufficient evidence to the court to show a need for a restraining order or prove that the order is necessary. Organizing your evidence before the hearing is critical.

• Prepare For the Hearing

Preparation for a restraining order hearing involves determining how you will present evidence to avoid self-incrimination. Seeking legal guidance while you prepare for the hearing would significantly impact its outcome.

• Find third-party witnesses

Without witness testimony, a restraining order hearing will be based on the testimony of the alleged victim and abuser. However, having third-party witnesses could increase your credibility.

What should I do if a Restraining Order is Issued Against Me?

Being served with a restraining order can come as a surprise. Your first instinct may be to panic due to the fear of the uncertainty and outcome of the situation on your criminal record. You should take the following steps if you are served with the restraining order:

• Follow the Order

Even when unsure of what you did to warrant a restraining order, you should not contact the person who filed for the order. This is because no contact is a primary condition of the restraining orders. In addition to avoiding no contact, you must follow other conditions listed on the order.

• Contact an Attorney

When you are served with a restraining order, hiring and retaining a reliable restraining order attorney is critical. Your lawyer will help you understand more details of the order and represent you at the restraining order hearing.

• Gather Evidence and Prepare for the Hearing

The restraining order the sheriff’s department served you will include a date you must appear in court for the hearing. Therefore, you must start preparing for the restraining order hearing.

Can you Cancel a Restraining Order?

Yes. A restraining order is issued when the protected person is at risk of harm from the restraining person. If there is a change of circumstances, the restraining order can be withdrawn or modified. You will not be required to keep a restraining order that you no longer need. Therefore, if you or your family are no longer in danger, you can request the court withdraw it.

You will need attorney guidance when requesting modification or cancellation of the restraining order. The judge will review your request before deciding to modify or cancel the restraining order.

What Constitutes a Violation of a Restraining Order?

A restraining order comes with terms and conditions that the restrained person must follow while the order is valid. Under California law, violation of a restraining order is a crime charged under Penal Code 273.6. When you are cited for violating the restraining order, the prosecution can file a felony or misdemeanor charge, depending on the case circumstances and the type of condition you violated.

As a misdemeanor, violation of a restraining order is punishable by a year in county jail and up to $1,000 in fines. A felony conviction, on the other hand, could result in a three-year prison sentence and penalties that do not exceed $10,000.

Find a Competent Restraining Orders Attorney Near Me

In California, the court issues restraining orders to protect victims of harassment. This could range from domestic violence to civil harassment and workplace harassment. When filing for a restraining order, you must have firm evidence and testimony to prove the need for legal protection offered by these court orders.

If you are in immediate danger, the court may issue an emergency protective order to keep you safe while you attend a hearing for your permanent restraining order. If another person seeks a restraining order against you, you must attend a restraining order hearing where you can defend yourself. If the order is granted, you must follow all the conditions imposed by the order to avoid criminal charges for violation of a restraining order.

At Leah Legal, we offer expert legal guidance to individuals seeking a restraining order or fighting against one in Van Nuys, CA. Contact us at 818-484-1100 for much-needed legal insight.

Sexting in and of itself is not a bad thing. Adding a dash of creativity and excitement can spice up your relationship. However, it is crucial to understand the nuances of California law regarding sexting. The state is serious about sexting with children. What begins as a private conversation could result in jail time, hefty fines, or possibly being classified as a sexual offender. Things worsen if your sexting turns into harassment, stalking, or privacy issues. For this reason, when you sext, make sure all parties are consenting adults and maintain those boundaries to avoid any potentially disastrous consequences. This article explores circumstances under which sexting is a crime under CA law.

What is Sexting Per California Law?

California has clear regulations regarding sexting. It all depends on who is involved.

Adults who are willing can openly share these explicit pictures and messages. Sexting turns into a criminal activity when a minor is involved. California law shields minors from situations like these. Therefore, this is applicable even if they consented. It is against the law to send, receive, or own naked photos of minors via sexting.

Minors, too, are not immune to the law. They can face criminal penalties when they send texts to one another.

Furthermore, if someone uses sexting to harass or threaten another person, that falls under California’s invasion of privacy and stalking laws, adding another layer of legal trouble.

To be considered valid, consent requires the voluntary participation of every activity. This agreement requires essential elements to be achieved, namely:

• The decision to take part must be of free will
• There should be no use of coercion, compulsions, or manipulation.

Consent is an ongoing process that applies at every stage of the interaction. If either party feels uncomfortable or wants to revoke their consent, consent is assumed to have been withdrawn. This means you should stop immediately.

Possession of Explicit Material Obtained From Minors

Investigators will look into whether you saved explicit photos of a minor or received them through sexting. Prosecutors will analyze digital evidence, like your electronic devices and messaging history, to figure out how you received explicit material involving a minor. The findings will also explain whether you kept or shared the material.

Saving explicit photos of a minor obtained through sexting can lead to serious legal trouble, including charges related to possessing child pornography. Similarly, depending on the situation, you could face consequences for distributing or receiving sexually explicit material involving a minor.

Per Penal Code 311, any visual representation of sexually explicit behavior involving a juvenile is considered child pornography. It encompasses any kind of media that depicts minors in sexual poses or actions. This includes pictures, movies, or digital images. Furthermore, it is also a crime to manufacture, distribute, own, or access child pornography.

Sending Harmful Material to a Child

You will also face prosecution even if the content does not directly involve the child. Sharing explicit images, videos, or other pornographic materials with them is a crime. Specifically, you will face charges under Penal Code 288.2.

Penal Code 288.2 addresses sending sexually explicit material to a child.

The burden of proof for prosecutors is to demonstrate that you’ve sent sexually related content to the child. They must show that you sent, showed, or offered to show it to the child. Most importantly, they must show that you were aware, or reasonably should have been, that the recipient was a minor.

The prosecution must persuade the judge or jury that you did not only use the information to arouse the minor or yourself. They must demonstrate that you planned to coerce the child into engaging in sexual behavior, even if it was just a light sexual touch. The degree of explicitness in the content determines how harsh the penalty will be.

When you send sexually explicit material to a minor, the law is not solely concerned about the arousal this material could cause. It also prohibits using this material to groom or coax a minor into sexual activity.

That is where “seduction” comes in. Prosecutors must show that you intended to use the explicit material not only for sexual gratification but also to influence the minor into some form of sexual act, whether it is intercourse, oral copulation, or even basic sexual contact.

Sexting to Threaten, Harass, or Annoy

Sometimes, people deliberately threaten, harass, or offend others by using sexual texts, photographs, or videos. They achieve this by sending communications to frighten, intimidate, or upset the recipient.

Threats could include expressing the desire to do harm or damage. However, harassment is defined as sending inappropriate sexual content again and again against the victim’s insistence on stopping.

Sending someone unsolicited, explicit texts or photographs repeatedly to annoy or irritate them is considered annoying behavior. If prosecutors prove annoyance, you risk facing additional charges for violating Penal Code 653m.

Penal Code 653m makes it an offense to intentionally annoy, harass, or threaten someone else with a phone or electronic device. This includes:

• Speaking to the victim indecently
• Threatening to cause them harm or damage their property, or
• Calling them repeatedly to irritate or harass them.

If you allow someone else to use your phone or other device for these activities, you risk facing prosecution for a Penal Code 653m violation.

Stalking and its Connection to Sexting

Stalking occurs when someone repeatedly and uninvitedly focuses on another individual, similar to an obsession. It is an extremely frightening experience. Stalking involves actions that gradually make the victim feel uneasy and unsafe. It goes beyond a casual greeting or coincidence. Gradually, these actions take several forms. They include:

• The stalker pursuing the victim
• He/she bombards them with unsolicited calls or messages, or
• The stalker violates the victim’s privacy by tracking their online activities.

Most stalkers do this to frighten and exert control over the victim, thereby inducing fear in the victim.

Stalking is a different crime from making annoying phone calls. However, they share similar characteristics, namely making unrelenting phone calls, messages, or emails, even after the victim expressly asks them to stop.

Sometimes, stalkers appear in person at the victim’s house, place of employment, or other frequented locations. In addition, stalkers use technology to locate their target or send unsolicited presents and threats. If the prosecution proves you engaged in these activities, you could face penalties outlined under Penal Code 646.9.

Consequences Imposed on Sexting Offenders Upon Being Found Guilty

The repercussions of sexting vary depending on your circumstances. California prosecutes these instances under broader crimes such as:

• Distributing harmful material to a minor — It is a crime under Penal Code 288.2
• Child pornography — It is a violation of Penal Code 311
• Stalking — It is a violation of Penal Code 646.9
• Annoying or harassing electronic communications — It is a crime under Penal Code 653m

The problem is that because these statutes are “wobblers,” prosecutors may choose to prosecute you with a misdemeanor or a felony based on the circumstances of your case. They consider the following criteria to determine which charges to pursue:

• Age of participants — You will likely have a more serious case if the content is explicit or if a minor participates, particularly a very young individual.
• The messages’ contents — Sharing sexually suggestive content is one thing, but sharing explicit content can make charges far more severe.
• Your past criminal activity — Prior transgressions, particularly sexual acts, can result in a felony charge and conviction.

A misdemeanor conviction carries:

• A potential six months to one year in county jail,
• A fine of up to $1,000, and
• Community service

However, the possible repercussions increase significantly if your case is prosecuted as a felony. You could face:

• Formal probation
• A significant fine of up to $10,000 and
• 3 to 5 years in state prison

It could be necessary for you to register as a sexual offender in certain situations, which can have long-term repercussions. Individuals convicted of felony violations could be required to register as sex offenders.

The seriousness of the offense and the estimated risk of reoffending determine the levels that California’s sex offender registration system assigns. Even though registration is not the typical punishment for sexting cases, it could apply in some situations.

California’s sex offender registry has three categories: “Tier 1,” “Tier 2,” and “Tier 3.”

The lowest risk category, Tier 1, requires registration for ten years. Misdemeanors or less serious felonies involving sexting, that is, incidents involving older teenagers or less explicit content, usually fall under this category.