If you get put on probation for a criminal case, sometimes the probation department will be able to search your home as part of them monitoring you. Usually you're going to see this in a felony case. I've rarely seen it in a misdemeanor case unless you're in Ventura County or one of these count...
The first mistake that I've seen criminal defendants make is to open their big mouth. In other words, they start talking to the police and giving information that is ultimately the best evidence that the police and prosecutors can use to prosecute them and convict them of a criminal case.
The bottom line is, that any domestic violence case is serious, but if it's charged as a felony you could be looking at up to six years in prison. If there's a great bodily injury allegation — meaning somebody was severely injured during the domestic violence incident — there's an extra three ye...
This is an interesting question because a lot of times where people get confused, when you're talking about a domestic violence restraining order you're talking basically about a civil remedy, where somebody files a case in one of the civil courts and makes the argument that they want to be prote...
Any time you're involved in a domestic violence case and you're the defendant — in other words, you're the person being charged — you can expect to lose your gun rights under the Second Amendment. Loss of Gun Rights for 10 Years Typically, in a domestic violence case, you're going...
This is a good question because the bottom line is, a jury trial when it comes to criminal cases, is probably one of our most sacred and important right. The right to a jury trial is protected by the Sixth Amendment of the United States Constitution. However, you have the right to waive a jury tr...
These gang enhancements are a real problem if you're charged with a crime. Some of the gang enhancements actually carry a ten year sentence with them. So, in addition to being punished or sentenced for the underlying crime, you could also be sentenced to consecutive time for the gang enhancement,...
When somebody is put on probation the Judge will give that person certain terms and conditions of their probation that they have to follow and sometimes that means they actually have to do some things. For example, they've got to do community service, Cal Trans, community labor, the PAWS program...
It's an interesting question because sometimes it is a crime to lie to the police and other times it's not a crime to lie to the police. The bottom line is, if the police are trying to question you for some sort of a crime they might think you're involved with, you shouldn't be talking to them. ...
When you have a situation where law enforcement are the primary witnesses or law enforcement has done something illegal related to a search, taking a statement or anything the defendant can use to file a motion to try to get the case dismissed or mitigated, you want to think about doing what's ca...
If you've never been charged with a crime or you have a loved one who is being charged with a crime and you never had to deal with it, one of the first things you're going to hear talked about is an arraignment. Basically, that's where the person appears in court. They appear because...
This is one of the biggest burning questions on people's mind if they're charged with a crime anywhere in California. This is sometimes not the easiest question to answer and you're going to want an answer with the guidance of a season criminal defense attorney who knows you, your case, your cri...
There are actually a lot of different ways in Los Angeles county criminal courts when someone's charged with a criminal case to get the case dismissed. Obviously, the one that you would probably think of off the top of your head is to go to trial and if the client is found not-guilty then the ca...
This issue comes up all the time. I've been doing criminal defense now for twenty-five years and a lot of times, for various reasons, I will be arguing that the judge or the prosecutor, or both, are violating my client's speedy trial right. And it doesn't just have to do with a trial. It could...
This is a good question about why do they do preliminary hearings? What are they used for? What's the significance to a criminal case? The reality is that a preliminary hearing is only something that is available and utilized if the person is charged with a felony. Prosecutors Must Meet Certain...
I was speaking to a prosecutor the other day who has been filing cases in the San Fernando courthouse for the last three years. He finally got a new assignment. He's sitting in the early disposition court there. We were talking about pre-filing intervention and what he thought about criminal d...
A lot of people that haven't been charged with a crime in California wonder what is the criminal procedure is all about? How does it work? Am I looking at jail time? Am I going to have a record for the rest of my life? How is this going to impact me, my family, my future and my career? These ...
When it comes to bribery as indicated in general, usually the feds get involved when someone is offering money, services, goods or something in order to effectuate something that is illegal. In the most recent case where these actors or other people are paying extra money in order to get their c...
This is a good topic to review because a lot of people get this confused. So, if you're charged with a crime and it relates to a domestic violence or spousal abuse case in Los Angeles, one of the issues you're going to have to grapple with is a lot of times the police will tell your significant ...
There's a lot of great bodily injury allegations being alleged all over Los Angeles county. These GBI allegations have a lot more teeth than they used to. Now, if you get hit with a great bodily injury allegation it's a strike. It makes the crime that it attaches to, to a violent felony so the...
It's my opinion after having practiced criminal defense for twenty-five years now, worked for the District Attorney's office, worked for a Superior Court Judge and have my own practice since 1994 — so, I've been a defense attorney approximately twenty-five years, just defending people charged wit...
This is a good question because a lot of people are actually going to the internet to hire their attorney. They can do a very broad search. They can find out about the attorney's reviews. They can look at their credentials. They can look at how long they have been practicing. They can check ...
I have a lot of clients who retain me before any case is filed against them. Sometimes a case is under investigation. Other times, they've been arrested, posted a bail and they're waiting for their first court date which is called the arraignment in a criminal case. In some cases, not all, the...
The bottom line is that the prosecutors in any case in Los Angeles, whether it be a misdemeanor or a felony, have to prove their case beyond a reasonable doubt. Now trying to figure out exactly what that means is not always easy. There's a jury instruction — and the jury instructions that are u...
When someone serves on a jury trial, one of the big instructions that is given to them is CalCrim 101. That really talks about the jurors' conduct during the trial. It also discusses the participants' conduct. One of the biggest things they want to make sure that a jury understands is that the...
