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Can Police or Prosecutors Get into Your iPhone in a Criminal Case?

The answer to this question is an interesting one.  Usually, iPhones have pretty good technology, where unless they have your passcode, the police and prosecutors cannot get into your iPhone. So, they can get a search warrant, which they are required to do if they want to search your iPhone, but most of the time they are not able to do that. An iPhone typically, does not and has not cooperated with them as far as allowing them to search an iPhone related to a criminal case in Los Angeles. New Technology to Extract Information However, recently, I’m seeing technology… Read More

Felony Probation in Los Angeles Cut to Two Years

A lot of my clients are calling me because a new law took effect January 1, 2021 that basically says that all felony probations are now two years.  This is due to probation reform under California Assembly Bill 1950 There are some exceptions, but not that many, so in most circumstances, you’re going to be able to get a resolution where, if you have to plead to a felony, you’ll only be put on probation for two years versus the normal three to five years. This is also significant for people who are already on probation.  Some people have a… Read More

What’s Being Done to Block New Policies of District Attorney?

What is Being Done to Stop the New Los Angeles County District Attorney’s Policies that Help the Defense? There’s a number of actions underway to try to undermine and prevent the new head DA’s policies from taking hold. Number one, there’s been an injunction filed in civil court, which at the end of this month, there’s a hearing.  Papers have been filed. The District Attorney’s Union in Los Angeles, supported by a number of prosecutors, is trying to stop the policies from going into effect, from being utilized. Also, a number of other forces have joined, so at the end… Read More

How Do You Avoid Jail for a Criminal Case in Los Angeles?

This is probably one of the biggest burning questions on most people’s mind.  Nobody wants to go to jail.  Nobody wants their freedom taken away, especially in today’s day and age, where you’re 15x more likely to catch the Coronavirus if you end up in the LA county jail. There’s three different places they can house you: it can either be county jail on Bauchet Street, or across the street at Twin Towers, and they could ship you off to Wayside, which is in Valencia close to Magic Mountain. All three of these facilities are overcrowded.  They’ve got inmates on… Read More

Will the New Los Angeles DA’s Policies Hold Up?

At the end of January, there is a hearing in civil court.  There has been an injunction filed against the new District Attorney related to many of his policies, such as the three strikes law being basically abolished in Los Angeles county, all enhancements being struck, and a variety of other issues related to his policies. A Superior Court Judge will decide whether or not these policies are, in fact, lawful or not. This argument is joined, obviously, by many people in his office.  A lot of the current District Attorneys do not like the policies and are trying to… Read More

Has The New Los Angeles DA Done Anything with Bail?

Has The New Los Angeles District Attorney Made Any Changes with Bail? What Has He Enacted? The new DA’s position on bail is interesting. For the most part, he has instructed the deputies to argue to the judge that the bail should be zero, which would wipe out bail bondsmen. They wouldn’t be able to operate anymore if all of the bonds go to zero. However, he’s implemented this change in the middle of the pandemic where the bails are already at zero.  There are some exceptions to his bail rule and the pandemic bail rule, which applies to serious… Read More

Big Changes Announced From New Los Angeles District Attorney

What Is the New Los Angeles District Attorney’s DA’s Background? What Are Some Of The Big Changes That Have Come To LA? Part of being a great criminal defense attorney is knowing your opponents. In most of my cases, my opponent is the district attorney’s office. As a former police officer, you would think that the new head DA, George Gascon, would be tough on crime. That said, a lot of his opponents do not agree with that statement. He took over the district attorney’s office in San Francisco, and approximately 40% of the prosecutors there quit because of his… Read More

What are Jury Instructions in California?

Whenever somebody goes to trial in and they’re charged with certain California crimes, at the end of the case and even in the middle of the case, the judge is going to read jury instructions to the prospective jurors. The reason they do this is because what they’re trying to do is educate them on the law that is applicable to their case. These are known as California Criminal Jury Instructions (CALCRIM). Really what the jury instructions are is, each crime has its own elements.  For example, somebody commits a crime and that person will be charged with that crime… Read More

Why Did Police Arrest You and Not Ask Your Side of the Story?

In Los Angeles county, I see a lot of people being arrested, taken into custody and then they’re coming in and asking me why there was no questions asked of them.  Why didn’t the police get their account of what happened? This is very frustrating for a lot of people because they simply can’t figure out why they would be arrested and no one would hear from them. Why would they not get an idea of what happened from their perspective and maybe they wouldn’t have been arrested? Strength of Evidence The reason police officers don’t ask every single person questions,… Read More

Kidnapping Charge Dismissed in the LAX Courthouse

I love being able to post about dismissals because it really shows you that not every single case that the prosecutors file and the police investigate is a good case.  I just had a case in the LAX Airport Court. The client was charged with kidnapping and it really just wasn’t a good case. But, it’s one of those situations where if you fight the government, if you fight the prosecutors and you lose, your client goes to prison for life. That’s the bad thing about some of the kidnapping charge. California Penal Code Section 209 PC is the one… Read More

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