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Hedding Law Firm

Category: Criminal Defense


What is a Penal Code 995 Motion to Dismiss in California?

Basically, for a felony case the defendant is entitled to have what’s called a preliminary hearing.  During the preliminary hearing the prosecutor has to put on the evidence that shows that the individual that’s being charged is guilty of whatever crimes the prosecutors have alleged against them. Our California criminal defense lawyers will explain the process. Asking Trial Judge to Dismiss Case After the preliminary hearing the prosecutor will ask the judge to hold the person to answer for the charges.  Meaning, find that the prosecutor has presented a prima facia case — in other words, the bare elements of… Read More

Can I Be Charged With Resisting Arrest If I Refuse To Get Out Of Vehicle?

In that scenario you are interfering with the police in the performance of their duties and that fits under the umbrella of resisting arrest, which is defined under California Penal Code 148(a). Even though it’s not the classic scenario where you’re wrestling with the police, your refusal to get out of the car is still interfering with them while they’re trying to perform their duty. In this situation, the duty of the police is to see whether or not you are driving under the influence of alcohol. Under the implied consent law, you have to cooperate with the police if… Read More

What Is Considered Resisting Arrest in California?

You can be charged with resisting arrest if law enforcement informs you that they’re going to arrest you and you try to prevent them from being able to arrest you. Resisting arrest usually involves some sort of physical force. California Penal Code 148(a) defines the crime of resisting arrest. If you’re not cooperating with the police and you get in a fight or an argument with them, then they’re going to arrest you and they’re going to have you charged with resisting arrest. To give readers a better understanding of resisting arrest, our California criminal defense lawyers are providing an… Read More

What To Do If Police Lie Regarding Your Criminal Case

I’ve been doing this over twenty-five years and I’ve had a lot of clients come to me and tell me that the police are lying about some aspect of their criminal case — either as part of the investigation or most of the time clients are claiming that the lies are related to a statement that the client allegedly gave to the police. Of  course, the prosecutors are using that particular statement in order to prosecute the person.  I’ve noticed that most of the time when defendants give statements in criminal cases that usually ends up being the evidence that… Read More

How Long Does a Criminal Case Take in Los Angeles?

This is a good question.  It’s asked a lot when I sit down and meet with clients and you can’t really give a specific answer to because it depends on a number of different factors.  First, is it a felony or a misdemeanor? Felonies, in my experience usually take longer to resolve than a misdemeanor case.  In fact, many of the misdemeanor courts in Los Angeles county have a 90-day rule meaning the courts themselves have said, this case is not going to last any longer than ninety days from the date that is filed. Entitled to a Speedy Trial… Read More

Why Hire an Attorney Pre-Filing in a Criminal Case

This is a good question. I get asked it all the time if people are calling in, they’re under investigation, the police are looking at them and trying to figure out if they’re involved in a crime.  Hiring an attorney right from the beginning when you find out that there’s a potential criminal case is crucial in my opinion because the police are trying to put all the pieces of the puzzle together in the beginning. So, when they do that they’re using going to come and try to talk to you at some point.  You’re going to want your… Read More

Characteristics of the Best Criminal Defense Attorney

When you’re searching for the best criminal defense attorney in Los Angeles, I’m think that you want to find somebody who is best for you.  In other words, somebody who you feel comfortable with feel like they have your best interests at heart. That’s why I think it’s so important when you’re trying to choose an attorney to sit down and meet with them face to face.  Go in with a list of questions that are on your mind, listen to the attorney, see how they interact with you because that same attorney is going to be interacting with the… Read More

Ways to Dismiss a California Criminal Case

There’s a whole host of ways that a criminal case can be dismissed.  First and foremost, sometimes people will get confused.  They might be being investigated for a crime.  Nobody has filed a crime against them and they’re talking about trying to get the whole thing dismissed when the prosecutor haven’t even gotten their hands on it yet. Pre-Filing Intervention Before Charges Are Filed So, that’s the first distinction to understand, which is that until the prosecutors have actually filed a criminal case, there’s no case to dismiss.  You’re just looking for a non-filing and a lot of times people… Read More

Victim Restitution in California Criminal Cases

In Los Angeles, a big hot bed issue is when somebody pleads guilty to a crime, what their restitution is going to be.  How much is it going to be?  What if they don’t have the means to pay the restitution in a criminal case. This is a big issue that comes up all the time and a lot of times people don’t want to plead guilty because they’re claiming that the restitution that the prosecutors or the alleged victim are trying to make them pay I not the right amount or that they shouldn’t have to pay any restitution… Read More

The Crime of Escape in California

Escape is a very interesting term, because when we think about escape we think about somebody who is either in jail or prison and somehow they figure out a way to tunnel out or escape like you saw in Alcatraz in the famous movies.  The crime of escape is covered under California Penal Code 4532. But it’s interesting in LA county. Some of the escape cases I see relate to people who get jail time and then they’re let out on some program and then they don’t follow through and do what they’re supposed to on the program or maybe… Read More