Los Angeles Criminal Lawyers Blog

Malicious Mischief Charge in Los Angeles

Fri, 18 May 2012 10:20:34 -0800

California Penal code §594 makes it unlawful for any person to maliciously deface, damage or destroy the personal property of another.

The keyword in a malicious mischief charge is the word malicious. The intent required must be malicious and must be proven to that level by Prosecutors. The act must be carried out with the specific intent to want to cause injury or damage to another, and you intended to commit a wrongful act. If this element is not present, then there is no valid case against you.

Let's consider two examples. In example A, Dan wants to surprise his girlfriend on her birthday with a new car. He thinks it would be a creative way to tell her by destroying the old car that she drives and parking the new one right next to it. So while she is at work, he goes to her office and pours paint all over her car and writes "Happy Birthday!" all over the old vehicle. Unknown to Dan, is that his girlfriend has driven her father's car to work, and her co-worker has the exact same car. Dan has actually destroyed the co-workers car.

In this example, Dan had no intent to cause damage or injury to the co-worker. He did not know it was not his girlfriend's car and he did not intend to commit a wrongful act against the co-worker. Prosecutors will have a hard time proving the case against Dan, but will attempt to do so.

In example B, Dan feels that his girlfriend's co-worker is the reason his girlfriend is debating breaking up with him. So while his girlfriend is at work, Dan goes to their office and pours paint all over the co-workers car and breaks the windows. In this example, in comparison to the earlier example, Dan has malicious intent. Prosecutors will present the facts of the case, and testimony from those that can attest to the fact that Dan had a vendetta against the co-worker, and that he had the motive to damage her car. This will be a harder case to argue for an experienced Los Angeles criminal defense attorney.

Malicious intent in general, like the intent element itself, is difficult to prove in court. However, like in example B, Prosecution can introduce evidence that helps prove the intent. This is called circumstantial evidence. Witnesses are a key part in proving intent as they can help set up the motive. Actual acts undertaken by the person being charged will also go to prove intent. In both situations, there is no argument as to the fact that Dan intended to pour paint over the car, but there is a discrepancy in his ultimate intentions. In example A, he intended to surprise his girlfriend not cause damage to another, and in example B, he had the specific intent of causing damage to anothers property.

If you have been charged with malicious mischief, remember that malicious intent is difficult to prove and can be rebutted by a powerful argument. Consult an expert who has handled thousands of cases like yours so that you have the best possible chance of having your case reduced or dismissed.

The Element of Intent in a San Diego Criminal Case

Tue, 15 May 2012 10:16:15 -0800

Many of our clients ask us whether or not intent is an important element in their criminal case. Meaning, if the act was an accident, can I still be found liable?

Intent is , in fact, a crucial element in the Prosecutor's case against a person, and also one that is difficult to prove. Because it is impossible to read a person's thoughts during an act, proving a person's mental state, or mens rea, is complex to prove in a court of law.

To prove intent or knowledge, the Prosecutor will turn to facts surrounding the event and the circumstances behind it. In a murder case, the lack of intent could mean the significant difference between a life sentence and 10 to 25 years in jail. In a simpler criminal case, it could mean that your case could possibly be dismissed.

Let's consider two examples. In Scenario A, David lives in a neighborhood where everyone knows each other. David has an ongoing feud with Victor who lives a couple houses down the street. The two have argued back and forth for years and it is common knowledge to the entire street. Everyday, at 6:00 am sharp, Victor goes jogging. He runs past David's house every morning around 8:05 AM. Victor has done this for years without fail. One morning David is sitting in his car on the driveway at 8:00 AM, and he is checking his rear view mirror. His car is on, although he seems to not be in a rush to go anywhere. As soon as Victor goes jogging by, David reverses his car off the driveway and hits Victor. When charged, David later claims that he did not see Victor jog by as he was distracted, and therefore had no intent to cause injury.

In scenario B, David and Victor live in the same neighborhood but are good friends. They spend lots of time together and even vacation together. Victor is not a regular jogger. One morning as David is distracted holding a briefcase and his coffee as he gets into his car. He is also extremely distracted preparing for a big meeting that could make or break his career. With so much on his mind, he pulls out of the driveway and doesn't see Victor walking towards his house to wish him luck. He injures Victor. Victor forgives his friend and tells him there are no hard feelings.

In scenario A, prosecutors could make a strong case against David, despite his protests that he has no intent to injure Victor because the facts point towards a different argument. It was well known that the two disliked each other, and it was a routine habit of Victor's to pass David's house at that exact time. It seemed that David was in no rush to go anywhere until the moment Victor jogged by. Prosecution could present strong evidence to prove the requisite element of intent, and David would likely be charged and convicted.

In comparison, in scenario B, the Prosecutors would have a hard time proving intent. The facts do not indicate that David intended to injure Victor. The two were friends, David was distracted and his mind was elsewhere, Victor unpredictably approached David and Victor forgave David for the incident. This case would likely be dismissed, and if it were to get convicted, would be significantly reduced.

Intent is a crucial element and one that Prosecutor's must base the bulk of their argument upon. Consult an experienced San Diego Criminal Defense Lawyer to assess your case and determine whether the element of intent is strong or weak in your case. It could lead to a reduction or possible dismissal of all charges!

What is Discovery in a Los Angeles Criminal Case?

Wed, 09 May 2012 09:28:42 -0800

Discovery is a very important part of a criminal case. It is a crucial element for Los Angeles Criminal Defense lawyers, as it is the majority of the evidence that the case will rest on. Discovery itself is the process in which the defense will obtain evidence processed by the Prosecutor regarding the case. Prosecutors may also obtain evidence and information from the defense side to help build their case.

Discovery will include pictures taken at an arrest site, surveillance, arrest reports, statements and officer's observations. It is essentially any evidence gathered by either side that they will be using to prove their case. One of the most common forms of discovery is an arrest report. It is the foundation upon which Prosecutors build their case.

The arrest report may be obtained at the first court hearing, also known as the arraignment. Generally when the person being charged has hired an attorney to represent them, the attorney can go into court and ask the Prosecutor for a copy of the discovery. The prosecutor will ask the attorney for a business card so that they can keep track of who the discovery was given to, and provide the lawyer with a copy.

For DMV hearings in DUI cases, the discovery could also include surveillance tapes. Oftentimes squad cars are equipped with video cameras and will tape an arrest from when the person is pulled over, until they have been taken into custody. It is, therefore, important for a Los Angeles DUI attorney to request the surveillance tapes from the DMV. These tapes are crucial to review prior to a hearing. To request discovery for a surveillance tape is a little more complicated. The attorney's office must send a written request and authorization in order to obtain discovery.

The discovery process is an important one. An experienced defense attorney will always obtain discovery from the district attorney or the city attorney before arguing a case or entering a plea. The discovery will give insight into the strength of the prosecutor's case.

For example, a client might inform their attorney that the officers had no probable cause to pull him over for suspicion of a DUI. Upon reviewing an officer's report, the attorney might find that, in fact, the officers have not written a reason for having pulled the driver over. Instantly the attorney will know that the prosecutors' have a weak case because there was no initial reason to stop the driver. If there is no probable cause for a stop, a significant element of a DUI case is not met, and the case is a strong one for defense.

An attorney is able to obtain all discovery faster than a person who is not represented. The advantage of having the report sooner rather than later is to be able to prepare a defense and a powerful argument before the attorney has to enter a plea or appear before the Judge.

How Will I Know what Penalties I will be Facing if I am Convicted of a Criminal Charge in San Diego?

Mon, 07 May 2012 23:19:41 -0800

When you have been arrested and charged with a crime in San Diego, that does not mean you are guilty of unlawful activity. It merely means that you have been suspected of violating a California law, and will be tried before a Judge in a Court of law to determine whether you are actually guilty or not.

A person will only be convicted once the government has proven to a jury beyond a reasonable doubt that the person being charged did in fact commit the crime. Once the person has been tried, and found guilty, a sentence will be imposed.

Sentencing is not a black and white standard. Not all crimes deserve the same punishment and therefore, the legislative provides a range of possible sentences. For example, let's consider an assault charge by comparing two different scenarios.

In the first scenario Dan is at a bar. A guy accidentally knocks over Dan's beer as he is leaving the bar. Dan is outraged that the man spilled his drink and immediately punches him. Dan has previously been arrested and convicted for battery. The man that Dan hits suffers a broken nose and is rushed to the doctor, he will incur medical bills and will take some time to recover.

In the second scenario, Dan is at a bar with some friends. Dan has no criminal record, nor has he ever had any tickets on his record. Dan sees a guy in the bar harassing a woman by the pool table. Dan steps in and asks the man to stop harassing the woman. The man ignores Dan and continues to harass the woman, even grabbing her arm at one point. Dan has no choice but to push the guy away, who falls backwards and falls on top of a table. Other than a few bruises, he suffers no injuries.

Both instances are situations in which Dan may be charged with assault and arrested. Potentially an assault charge may impose up to six months in county jail and a fine of up to $2,000.00 if a person is convicted. In comparing the two scenarios, it hardly seems fair that both should warrant the same consequences.

In the first situation, Dan had already been found guilty of having hit someone in the past, and Dan was unnecessarily acting with force. In addition, he ended up severely injuring someone and costing them their health , time and expenses. In contrast, the second situation Dan was being chivalrous. Whereas he still hit someone, there were minimal injuries and there was no prior record demonstrating that Dan in that situation was a good citizen and a stand up guy.

The Judge will consider all these factors and circumstances, including the criminal history and will impose a sentence accordingly. That is why the statue defining the unlawful action will be laid out in a wide range. This gives the Judge discretion in imposing a sentence that is reasonable in light of the background of the case.

A skillful San Diego Criminal Defense lawyer has years of experience in negotiation with a Judge when it comes to sentencing. The right argument and defense can make the difference between no time in jail and six months.

Is a Disturbing the Peace in Los Angeles a Misdemeanor or Infraction?

Thu, 03 May 2012 22:36:56 -0800

California Penal Code §415 describes certain behaviors that will be considered unlawful and if proven beyond a reasonable doubt will be filed as a misdemeanor or an infraction. The following behaviors will be unlawful under the relevant penal code section:

1. Any person who unlawfully fights in a public place or challenges another person to a fight in a public place.
2. Any person who maliciously and willfully disturbs another person by loud or unreasonable noise
3. Any person who uses offensive words in a public place that are likely to invoke violent behavior.

A disturbing the peace charge is referred to as a "wobbler". A wobbler is a charge that can either be filed as more than a misdemeanor, felony or an infraction. A disturbing the peace charge can be filed as either a misdemeanor or an infraction. However, it cannot be charged as a felony. A code section is still referred to as a wobbler if it can be filed as two different levels, doesn't have to be all three.

Whether a person being charged with disturbing the peace will be facing misdemeanor or infraction charges will determine on the circumstances of each specific case. The disturbing the peace charge is commonly used in plea bargaining. Oftentimes other criminal charges are reduced to a disturbing the peace charge.

For example, a person is charged with drunk and disorderly conduct. However, the case is a weak case and the person's Los Angeles criminal defense lawyer negotiates with Prosecutors and reduced the charge from a drinking in public to disturbing the peace. The reduction can remain a misdemeanor, or it will be reduced to an infraction.
If the person has no priors and the case is really a weak case , the government will know that and will not want to try it before a Judge. In those situations, the charge will be reduced to a disturbing the peace, and likely an infraction.

In contrast, lets take the example of an assault case. A person has been charged with assault upon her husband. The case gives rise to a domestic violence claim which can have serious consequences in addition to those of a general assault. However, an experienced criminal defense lawyer can negotiated with Prosecutors to have the charge drop any domestic violence associations and be charged as a disturbing the peace. However, in that situation, it is not likely that it would be filed as an infraction.

To determine whether your case has the possibility of being reduced to a disturbing the peace charge, consult with an expert right away. Knowing your rights and the strength of your case will help make a decision on how to proceed, whether it is best to negotiate with Prosecutors or to accept a plea bargain during your arraignment.

Is Lack of Knowledge a Valid Defense in a Los Angeles Hit and Run like Amanda Bynes?

Thu, 26 Apr 2012 18:13:51 -0800

On May 4, 2012, young actress Amanda Bynes sideswiped a car as she was making her way through Hollywood. Bynes continued to keep driving, even after the hit car signaled for her to pull over. The alleged victims reported the incident to officers who followed in pursuit of Bynes in six squad cars and a police helicopter.

The young starlet has previously been arrested for driving under the influence and has evaded an officer while being cited for driving while using her cell phone. All these incidents added together do not seem to look favorably upon her driving privileges.

The recent incident, however, was not filed as a hit and run. After questioning the young driver, she admitted that she had not even realized she hit a car and therefore had no knowledge of the incident. After surveying the damage done to the alleged victim's car, the officers concluded that the damage was minimal enough that Ms. Bynes could have not been aware of the damage.

California Vehicle Code §20001 and 20002 makes it unlawful for a person to cause damage or injury to another person or another's property without properly leaving contact information in order for the driver to be able to make amends for the injuries or damage caused. California Vehicle Code §20001 describes when a hit and run will be classified as a felony, and California Vehicle Code §20002 defines when it will be a misdemeanor.

In the case of Amanda Bynes, she hit another vehicle, and therefore would be charged under CVC §20002. The statute reads:

"The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists."

The argument made my Ms. Bynes is that she did not know she had been involved in an accident. It is a crucial component in criminal law that the person who is being charged with the crime must have had knowledge, and the requisite intent in some cases, to be charged with the unlawful behavior. If Ms. Bynes was not aware that she had damaged another driver's vehicle, she would not know to stop and make amends or leave the information required by law.

Even before a case was filed against her, not knowing that she was involved in an altercation served as a valuable defense for the actress. If you feel that you were not aware of any damage or injury that you may hae caused and were subsequently charged with a hit and run, you may have a valid defense. Speak to a Los Angeles Hit and Run lawyer as soon as possible so that they can review the facts of your case and assess its strengths and weaknesses. A consultation may make the difference between your case being reduced or dismissed altogether.

How Strong is a Police Report as Evidence in a San Diego Criminal Case?

Mon, 23 Apr 2012 15:12:59 -0800

When a person has been arrested on suspicion of violating a section of the California Penal Code or the California Vehicle Code, police officers that arrested the person will be required to prepare a report on their observations. The report will contain all details of the arrest, starting with when the person was first approached by officers and ending at when they were taken into custody.

Let's consider an example. Dan is weaving in and out of his lane, and is pulled over by officers on suspicion of a DUI. He is then pulled over and asked by officers if he had been drinking. Dan replies that he had a beer, and officers ask him to step out of the vehicle and ask him to complete some field sobriety tests while they observe his behavior for 15 minutes. After being fairly confident that Dan was intoxicated beyond the limit indicated by the relevant code section, they arrest him and take him into custody.

The officers will note in a report their observations of Dan's driving that led them to pull him over. Additionally, they will note any statements that Dan made regarding the fact that he had one beer. This is generally why it is advisable to state that you would like to not make any statements, especially those that may incriminate you. These statements will be included in the officer's report which will be entered as evidence during your case. They are admissible in Court, and therefore, the best way to avoid strengthening the government's case against you, it is best to refrain from making any statements during your arrest.

Officers are sworn employees of the government. They are expected to uphold the law and make the right ethical decisions regarding arrests. They are additionally given strict procedures to follow and are required to comply at all times with these guidelines. Because they are assumed to operate along these high standards, their words are considered as truth, especially when found in a police report.

When the criminal Judge hears your criminal case, the evidence against you will the word of the officers who did the arrest, and your own statements and observations of the evening. This is often a problem and weakens your case because the Court sees you as someone who was intoxicated, whereas the officers were not. Therefore, the police report will be given lots of credibility and will be weighted heavily against any contradictory statements you make.

Nevertheless, the job of a Southern California Criminal Defense Lawyer is the prepare a powerful argument and a strong defense in your favor that casts doubt on the words of the officers. This is completed by finding statements that contradict the officer with their own words or actions, reputations or otherwise. If the Judge feels that something about the officer's statements seems like standard language, or contradicts itself, the police report won't be weighed as heavily.

A professional criminal expert has dealt with officers and police reports for years and handled thousands of cases in which the testimony must be weakened. Be sure to consul an expert so that your case has the best possible chances of being reduced or dismissed!

How can the LAPD Write up a Report if They are not Present at the Time of the Arrest?

Thu, 19 Apr 2012 14:34:03 -0800

Many of our clients are detained by private security guards who make a Citizens Arrest, and are then transferred to the custody of Los Angeles police officers who draft up the police report. The police report is one of the most important pieces of evidence the Prosecution has when charging someone with a crime. The police report contains detailed facts about the incident that gave rise to the alleged crime, and holds high credibility. The report is generally taken as truth by the criminal court and Judge, because it is based on the direct observations of the officers as they made the arrest and the acts leading up to the arrest.

However, in many cases, the officers are not present at the time of the actions leading up the arrest, yet the police report is still taken as valid evidence.

Let's consider the common example of shoplifting. When a person has been caught shoplifting, the actions are generally observed by in store private security, not by Los Angeles police officers. When officers arrive at the scene, the private security will inform the officers as to what happened, and let officers deal with the next steps in prosecuting someone.

As with any police report the statements entered can be used in Court against the person being charged. This goes the same for whether the statements in the report are based on officer observation, or by a private security officer. However, the words of a police officer who directly observed the event will hold more credibility in a court of law than those of any other person.

When a police officer did not directly observe the events giving rise to unlawful action, there may be room for holes in the Prosecutor's case against the person being charged. An experienced Los Angeles Criminal Defense Attorney will consider interviewing the security guards and preparing positive letters and statements regarding their client so that the Criminal Judge sees them as an upstanding citizen of the community and more than a case number. They will also prepare a powerful argument that weakens the words of the private security officer.

This tactic is more likely to prove useful when an officer does not have any statements as part of the testimony, because then it is the word of a citizen of the community versus another. When the testimony against you are not the statements of an officer, there is a lot of room for weakness in the Prosecutor's case. It is important that you seek the help and advice of a criminal expert so that your case has the best possible chances of being reduced or dismissed completely.

What is a Cite-In Criminal Case in Los Angeles?

Mon, 16 Apr 2012 14:25:05 -0800

In many criminal cases, the person being charged has not been formally arrested and taken into custody. Oftentimes a Los Angeles police officer is not even the one that observes the law being violated; it is a private security guard or someone similar.
If there is an altercation, or an incident that involves unlawful behavior, many times a police officer is not on site. In those situations, a private security guard or officer is authorized to stop the person committing the alleged crime and question them. Based on the statements of the security guard, officers who then arrive on the scene may cite the person asking them to appear in court, and never have them formally arrested.

Let's consider an example. David is accused of shoplifting at Macy's by private security guards working at the department store. They alleged that David stole several items of clothing and detain him for questioning. The officers base their accusations on surveillance tapes and experience with behavior of someone who has taken items in the past. Los Angeles police officers arrive at the scene and listen to the statements made by Macy's private security. Based on these statements, they write up a report and cite David with a Notice to Appear. The Notice to Appear gives him the date and time to appear before a Criminal Judge in Los Angeles County. The police officers do not take David into custody, and they do not take him to the police station for formal booking procedures. This is referred to as a Cite In case, because there was no formal arrest.
However, that does not mean that David will not be fingerprinted, and booked like he would if he had been taken into custody at the time of the arrest. When David appears in Court for his arraignment, he will be fingerprinted and a picture will be taken for his record.

Another situation, in which a cite-in is common, is in assault cases that happen in a bar or a club. For example, Dan is out with his friends at a bar and gets into an altercation with Victor. Dan punches Victor and he is promptly detained by private security working at the bar. Dan is kept with the security guards until Los Angeles police officers arrive on the scene. Officers write down the statements made by the security guards and write up a police report. Additionally, they give Dan a Notice to Appear and send him home. Dan has been cited, but has not been formally arrested. He will be fingerprinted and entered into the system when he appears in court.

Whether you have been arrested the night of the incident, or will go through booking procedures when you appear before a Criminal Judge, the consequences of the charge will have the same serious consequences. An experienced Los Angeles Criminal Defense Lawyer has handled thousands of cases that involve cite-ins and will work hard to protect your rights and assure that your case sees the best possible results.

The Unavailable Witness in a Los Angeles Domestic Violence Case

Thu, 12 Apr 2012 21:36:19 -0800

One of the strongest pieces of evidence used in Domestic Violence cases is personal testimony. When a person who witnesses the whole incident, or even the victim chooses to testify, it makes the case a lot stronger. Other evidence such as a declaration, or police report may also be presented as evidence but when a person testifies as to the incident and actions of the accused, it gives the case more support.

Despite it being excellent evidence, the common problem in illicit testimony is the unavailable witness. A witness is considered unavailable when they refuse to testify. The are several reasons that will cause a witness to deny testifying.

A witness will not testify if they can assert a privilege. This means that because of law, and to protects a person's interests, there are certain kinds of communications that are privileged. Much of the conversations between attorneys and their clients are privileged and will be held in confidence, as are communications between a Therapist and their patient. Additionally, a spouse will not be asked to testify against their own spouse because of spousal privilege. This is a common obstacle in domestic violence cases. A spouse cannot be made to testify against their spouse, to protect the sanctity and privacy of marriage. For example, Husband hits Wife and wife has filed charges against her husband. She cannot be made to take the stand when the case is being heard and give testimony against the husband, unless she chooses to do so. It is her right to waive the privilege and testify.

Another reason a witness will be considered unavailable is because they refuse to testify. In certain situations a witness will not want to get involved, or divulge testimony in fear of their own lives, or other reasons. For example, if a friend witnesses a friend's husband hit his wife, the friend may be too scared to testify if she believes the husband is a dangerous guy. In those situations, the witness may refuse to testify.

If a witness dies, or is terminally ill, they will be unavailable to testify. This goes without saying, and defines the term unavailable witness, since the witness is literally unavailable. Similarly, if the person is absent form the State, they cannot testify.
A person may also testify but still be deemed an unavailable witness if the only thing they can testify to is that they do not remember what happened. In this sense, they witness might as well be unavailable, because it is like they were not there, since they do not remember what happened.

Although the unavailable witness is a strong obstacle in domestic violence cases, the Prosecution can still gather enough evidence for conviction. It is important to consult a Los Angeles Domestic Violence lawyer to discuss the many options and defenses available and the strength or weaknesses of your case.

Do I have the Right to Change my San Diego California Defense Attorney?

Tue, 10 Apr 2012 22:46:28 -0800

Attorneys are held to a high standard of ethics by the California State Bar. There are many rules in effect that are designed to protect a person and their legal rights. There are also guidelines an attorney must follow so that they provide the most diligent, competent and effective legal help available.

Accordingly, the client has many rights when it comes to choosing and retaining an attorney. You have the right to not be hassled when choosing an attorney, and attorneys may not actively solicit your business in a courtroom, hospital, or even the scene of an arrest.

Similarly, if you have retained an attorney, you have the right to terminate the attorney client relationship whenever you feel it is necessary. An attorney, however, cannot terminate you as a client without good reason and permission from the Judge.

Let's consider an example. A client hires an attorney to help them with their San Diego DUI Case. The attorney misses a hearing due to disorganization and a warrant is put out for the client's arrest. Furthermore, the attorney, when he does appear put in a guilty plea on behalf of the client without the client's consent. Due to the incompetence, the client informs the Judge that they no longer wish that the attorney represents them and will seek new counsel. The client has every right to do so, and will be given permission by the Court to do so.

Let's now consider the attorney's perspective. The attorney represents a client for a Southern California theft case. The attorney represents the client through arraignment, and through pre-trial. While the case approaches trial, and is two days away, the attorney decides to go on vacation and feels that they can no longer take on the case. The attorney appears before the Judge and asks to withdraw from the case. The Judge asks the attorney his reason for wanting to do and decides that if the attorney withdraws, there will be prejudice to the client's case because it is so close to trial and the Judge denies the attorney's requests.

If you are being represented by an attorney that is not doing work on your case to your satisfaction, you should know that you have every right to switch attorneys. You pay good money for outstanding legal representation, you should have the peace of mind that your case is being handled to the best of your attorney's ability. Your rights are important, and your future will rely on the outcome of your criminal case, whether you are convicted of a felony, misdemeanor or the case is eventually dismissed. Keep in mind that there are standards that your San Diego Criminal Defense attorney must adhere to, standards designed to protect your rights.

City Attorney Hearing in Los Angeles

Fri, 06 Apr 2012 22:08:26 -0800

Many of our clients are given a City Attorney hearing, and are confused as to what it entails, and how it differs from the usual criminal proceeding hearing.

A city attorney hearing is scheduled for cases that don't quite meet the level of standards for a case to be filed with the Criminal court. These cases still need to be further investigated and taken into consideration whether it rises to a level for it to be heard by a criminal Judge.

In order to make this determination, the government will schedule a City Attorney hearing that will take place just like any other criminal matter, and is to be taken just as seriously. It will make the difference between your case possibly becoming a conviction, or being dismissed completely without ever even reaching the Criminal Judge.

The hearing is informal, and does not involve a criminal Judge. The parties are asked to present their argument to a hearing officer and the officer makes a determination of whether the case should proceed further, or whether it needs to be dropped.

In many criminal cases, there is a good chance the case will not proceed any further, if a proper argument and powerful defense can be made. An experienced Los Angeles criminal defense attorney can represent you at a city attorney hearing and can prepare evidence and arguments that will help persuade the hearing officer that the case does not have enough merit to proceed, and instead should be dropped.

Let's consider a Los Angeles vandalism case as an example. Dan uses graffiti to write on the side of a restaurant that is owned and operated by Victor. Victor is outraged that Dan has vandalized his property. Dan apologizes to Victor profusely and offers to make amends by helping out at the restaurant and by repainting the wall that was damaged. Victor agrees. At the City Attorney hearing, the Criminal Defense expert hired by Dan presents a civil compromise that has been signed by both parties.

A civil compromise is an agreement between a person being charged with a crime and a person who has suffered an injury, either to person or property. The agreement demonstrates to the Court that while damage was done, the parties have agreed to make amends and there is no more remaining damage.

The attorney presents a civil compromise to the hearing officer, and all parties agree that there is no point in wasting the time and expenses of the Court to filed the case and pursue charges. The case is consequently dismissed.

It often takes negotiation and knowledge to have a civil compromise prepared and executed. A professional who has handled thousands of civil compromises is able to have one prepared and ready to go in Court. Being prepared will make the difference between a case being dismissed, or potentially ending with a conviction.

What is a Los Angeles Vandalism Charge?

Wed, 14 Mar 2012 21:05:55 -0800

Under California Penal Code § 594, it is unlawful for a person to maliciously deface with graffiti or other inscribed material, or cause to damage or destroy any real or personal property that is not his or her own.

Let's consider two examples. In the first scenario, Dan goes out at night and uses spray paint to write on a wall at the public park. He is caught by officers and arrested, eventually being charged with Vandalism.

In contrast, David goes out to his backyard at night and takes a crowbar to the gate connecting his house to the field behind his house.

Dan would likely be charged with Vandalism, because he defaced property using graffiti on property that was not his. The wall in the public park was public property, and not his own. Furthermore, the damage does not seem extensive when it is done using graffiti. Any damage that is under $400 will be charged as a misdemeanor. When the damage is over $400, it will be a felony. Therefore, Dan will be charged with a misdemeanor and will likely be found guilty if Prosecution can prove each element beyond a reasonable doubt.

David, on the other hand, caused extensive damage. If the fence was a costly one, the damages could easily exceed $400 and the charge will be filed as a felony. However, Dan owned the gate, as it was on his property and built with his money. So no matter how extensive the damage done on the property, as long as it belongs to Dan, there will be no charge for Vandalism.

If a person is charged and convicted of misdemeanor vandalism, they will fact a range of potential consequences. They may be facing informal probation, up to one year in county jail, and a maximum fine up to $5,000. There may also be additional sentences to complete requisite education or community service hours as well as license suspension.

For those that are charged and convicted of felony vandalism, the potential range of consequences is higher. They may face up to one year in County Jail, sixteen months to 3 years in State prison, a fine of up to $5,000 and probation.

A vandalism charge is considered a wobbler. A wobbler is a charge under the penal code that may be charged as a misdemeanor or a felony. When it is a person's first offense, the Prosecutor is often open to negotiation so that a skilled Los Angeles Criminal Defense attorney has the opportunity to persuade the Prosecutor to reduce or dismiss the charges. When the charge has the potentiality to being reduced, it is in your best interst to seek the counsel of an expert who can prepare a powerful defense and present strong negotiations to ensure the best possible result for your case.

Window for Negotiation in a Los Angeles Hit and Run Case

Fri, 09 Mar 2012 21:21:00 -0800

Following a hit and run arrest, a person has two separate windows to negotiate with the government to reduce or have their case dismissed.

When a person has been arrested, the citation and police report are taken and filed with the police station. The officers are then the ones who review the case and turn it over to Prosecutors for filing. It is at the officer's recommendation that the case goes to the courthouse. The Prosecutors then review the case in their office and make the decision of whether they are going to file a case against the defendant.

Many times there are negotiation tools that can be used when speaking to officers that prevent the officers from sending the case to Prosecutors in the first place. This not only helps the person avoid any kind of criminal prosecution, it helps the person avoid the hassle, time and expense of a criminal case being filed against them. It also prevents a conviction from going on their record.

For example, let's consider the case of David. David was driving home and hit a person's fence. Being in a rush, David failed to provide any contact information to the owner of the home and took off. Officer's arrested David after speaking to witnesses, who provided David's license plate number and physical description. David contacted the owners of the home and made amends. He paid for all the damage and saw that it was completed to the satisfaction of the owners.

After all improvements had been made, the owner's of the home signed a civil compromise. A Civil compromise is a document that proves to officers or prosecutors that the victim of an alleged crime has been paid restitution and no longer has any issues with the person who caused the damage or injury. In this situation, the home owner was given restitution, as the damage to the home was fixed, and he no longer felt the need to file charges, since there was nothing left pending.

When a person consults with an experienced Los Angeles Criminal Defense lawyer as soon as possible, the lawyer has time to contact the alleged victim, and execute a civil compromise. The civil compromise is then presented to the officers, before the case is ever sent to prosecutors. If the officer's see that restitution has been paid and the person who was damaged or injured no longer seeks restitution, the officers may be more willing to drop the charges and leave the file on their desk. If the case ends there, there will be nothing further added to the person's criminal record.

It is in your best interest to consult with a professional as soon as possible to avoid prosecution as much as possible. When a case goes to Prosecutor's it may still be dismissed, however, it is better to have the case never reach the Prosecutor's desk if at all possible.

What are the Benefits to Having an Attorney for Negotiation in my Los Angeles Criminal Case?

Wed, 07 Mar 2012 21:15:47 -0800

Many of our clients wonder if they can handle a criminal case on their own, or if an attorney is absolutely necessary. An attorney is a trained professional, and has many years of experience. They handle cases similar to your every day and are familiar with the courtrooms, Judges, Prosecutor's and most importantly, the law.

When a person has been arrested, the charge is filed with the police station. The officers review the charge and arrest and make the determination of whether it should be sent to the Prosecutors or not. Once it has reached the prosecutor's office, the prosecution makes the determination of whether the charges will be filed with the Court and the person will be summoned before the Judge.

Before going into Court for an Arraignment before the Judge, it is beneficial to have spoken to the Prosecutor and obtained all documents that would help in preparing a defense on your behalf. Generally, prosecutors do not return phone calls left by those being charged. They deal with hundreds of cases, and they do not have the time to review a file and return calls to those that are requesting police reports and other documents of evidence.

In contrast, when an attorney calls a prosecutor, they are more likely willing to cooperate with the attorney in providing them with the information that they need. Furthermore, if the attorney is an experienced Los Angeles Criminal Defense attorney that has been practicing for over 30 years, they are very familiar with all of the different prosecutors and Judges. Knowing the prosecutor allows the criminal defense attorney to quickly get a hold of the necessary person to negotiate offers and request discovery. Discovery includes the arrest report, the police report and surveillance tape if applicable. It is important to obtain the proper evidence before the arraignment date so that the attorney has a strong sense of the facts of the case, and has a good idea of all possible defenses and weaknesses in the prosecutor's case.

If you do not have an attorney representing you, it will be difficult to get a hold of the Prosecutor prior to the arraignment, and much more difficult to obtain an arrest report. Attorney's know the proper procedure to efficiently and quickly obtain all documents. The professional will also have a good idea of what the possible offer may be, and can get a hold of the Prosecutor right away if it is necessary.

A criminal charge is a serious blemish on a person's criminal record. It could affect your job and school applications, as well as many other financial opportunities. Hiring an attorney will not only help ensure that your case sees the best possible results, it will expedite the process of speaking to Prosecutors and getting the necessary documents.