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How Are Accident Reconstruction Experts Used In Criminal Cases?

Mainly when I see accident reconstruction experts being applicable in a criminal case has to do with some sort of a manslaughter charge related to some driving-related offense. For example, if two people are racing on the streets and a bad accident occurs and somebody dies, those people will probably be charged with vehicular manslaughter, and basically, the prosecutors are going to argue that they were grossly negligent in how they were driving. Therefore, they’re responsible for the death that could subject them to a felony conviction and prison time. So, a lot of time what we’ll do is we… Read More

Can Prosecutors Still Proceed On A Domestic Violence Case If They Don’t Have The Victim Available To Testify?

I’ve done a lot of domestic violence cases in Los Angeles throughout many years of practicing criminal defense. The law has gone back and forth and changed in relation to whether or not the prosecutors can get the statements in of alleged victims in domestic violence cases. As it currently stands, there’s a case called People v. Crawford, which allows the prosecutors to get a statement in from the victim if they can prove that the statement was at or around the time of the alleged incident and they have the statement memorialized and it’s a statement of a person… Read More

Should A Defendant Testify At A Preliminary Hearing In A Criminal Case?

Preliminary Hearings are meant to be hearings for the judge to determine whether or not the prosecutors have met their burden at least prima facie in reference to each of the charges charged against a criminal defendant in Los Angeles. What that means is, every single crime that anybody could be charged within LA has elements. Certain things have to be proved. Usually, the elements are broken down into two, three, four, five elements and at a preliminary hearing the prosecutors just have to put on evidence that if believed by a jury would meet each of the elements of… Read More

Does A Defendant In A Criminal Case In Los Angeles Have To Testify?

When it comes to criminal cases, the defendant in the case has an absolute right to testify or not to testify. The prosecutors cannot force an individual to testify in a case. In fact, there’s a jury instruction in Los Angeles that says that the jury is not to assume anything bad about a defendant who does not take the witness stand in their own defense. So, when we do these trials – and I’ve done a lot of them over the last twenty-five years, we go back in chambers when it comes time for the defense’s case and discuss… Read More

Can A Witness Who Does Not Show Up For Court In A Criminal Case Be Arrested?

In criminal cases, in order to prove the charges, the prosecutors usually have to call witnesses either at a preliminary hearing, a motion a trial – also, the defense is entitled to call witnesses at the right proceedings. In order to call a witness, typically you either ask that person to be there or the best way to do it is to issue a subpoena and have the subpoena served on them – basically ordering that person to come into court, and you as a defense, have the subpoena power just like the prosecutors have the subpoena power in a… Read More

What Happens When Someone Skips Out On Bail In LA County?

When an individual posts bail on a criminal case in Los Angeles County and later on doesn’t show up for the court, what ends up happening is the court will issue a warrant for that person’s arrest and will forfeit their bail. In order to get that bail back – let’s say someone misses a court date then three days later they come back, the bail has already been forfeited. What we do is we have the bail bond company issue what’s called re-assumption papers which they basically indicate to the court in writing that they’re going to re-assume that… Read More

How Do You Terminate Your Criminal Probation Early In Los Angeles?

When it comes to probation, I’ve seen probations anywhere from a year up to five years. I would say on average, if you’re charged with a felony in Los Angeles County and you’re put on probation, it’s usually three years. When the defendant comes in and tries to change the terms of the probation, for example, by trying to short the probation up, a lot of times the prosecutors will object to it because they say, that was the deal that you made. We gave you this. You agreed to this. Now, you are trying to change the deal. We… Read More

How Long Does It Take An Average Case In LA County To Resolve Itself?

When it comes to criminal defense, it’s very difficult to put your finger on exactly how long a criminal case might take to resolve itself. A lot of the courts though are so over-crowded that they have rules as far as how quickly they want the cases moved through them. For example, Van Nuys court basically has a 90-day rule for all misdemeanors. So, 90 days from the filing of the case, the judges are expecting the case to be resolved one way or another. What that means is, either it’s going to be a jury trial and the jury… Read More

How Do You Figure Out Which Bail Company To Use For Your LA Criminal Case?

Figuring out bail is not easy because there’s a lot of fly-by-night bail bond agencies. What I would say in general, is pick somebody who obviously is well-known – does a lot of commercial advertising – because those people are unlikely to do something bad to the public or the people that they bail out – or cheat their family, because with all the internet stuff that’s going on right now, they would get bad reviews. You probably want to check out the bond company’s reviews just to make sure they haven’t done anything underhanded to anybody regarding a bond… Read More

Which Jurisdictions In Los Angeles File The Most Criminal Cases?

LA is a huge metropolis. It stretches from all the way to Long Beach back across over to Lancaster. You have cases that are part of LA County in Valencia, Pasadena. There used to be Malibu court, LAX court, so you have a huge area where criminal cases are being filed across Los Angeles County. As far as where the most crime is, there’s a number of different courthouses. The DA’s office, when they file these cases and the police officers who are arresting people – the statistics go up and down – but I can tell you some of… Read More

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LA'S DUI DEFENSE GUIDE

Here What You Need To Know If Pulled Over On Suspicion Of Drunk Driving.