August 2010 Archives

August 20, 2010

How Does a Los Angeles Criminal Charge Affect my Immigration Status?

A criminal charge may have very serious consequences on your immigration status, if you are not a natural born citizen. In many situations your Legal Permanent Status may be revoked, and as a much more serious consequence, you may be deported.

The Immigration and Naturalization Act outlines certain categories of offenses that may warrant deportation. Certain crimes pertaining to crimes of moral turpitude may be grounds for deportation. Crimes of moral turpitude are those that would offend the average person. An attorney who has handled thousands of cases involving immigration issues is familiar with the consequences and understand the importance of your Immigration status. The California criminal law as it relates to Immigration law is complicated and subjective, thus leaving room for a powerfule argument and defense which allows for a persons immigration status to remain unchanged.

Additionally, certain offenses, such as drug offenses, domestic violence or aggravated assault may also be ground for revocation of immigration status. More often than not a felony will have much more serious consequences than a misdemeanor on your immigration status.

If you are not a natural born citizen and have been charged with a criminal offense it is more important than ever to hire an experienced Los Angeles Criminal Defense attorney to protect your rights and ensure that you are given a fair trial before a final judgment is reached. At Hoffman and Associates our skilled attorneys work closely with a highly recommended Immigration attorney to reach the best possible outcome for your case so that not only does your record remain clean, but your immigration status remains secure. Don't risk your future and well being, hire someone with over thirty years of experience and your best interests in mind. Contact our office today for a no obligation consultation!

August 18, 2010

Factors that are Considered in a Los Angeles Identity Theft Case

There are many different categories of charges that are considered theft under the California Penal Code. Similarly, there are many different acts that will constitute Identity Theft. The Judge and Prosecution will consider two major aspects of the facts to determine the consequence of the charge. An experienced Los Angeles Criminal Defense Attorney, such as those at Hoffman and Associates, have seen thousands of Identity Theft cases and are familiar with the many different scenarios and defenses they entail. They are able to present a powerful argument focused on the two major components of an Identity Theft charge.

The first major aspect of the facts that will be considered is what it was that was stolen using the identity. Did the person use a stolen credit card to buy diapers for their baby in the amount of $20? Or did they take a $5,000 trip to Tahiti? When the value of the stolen item is over $400, it becomes a much more serious case and is generally tried as a felony. When the value is lower than $400, it falls at the lower end of the spectrum and is tried as a misdemeanor.

The second factor assessed by the court will be the manner in which the Identity was stolen. For example, were credit cards taken from a wallet, or did someone hack into personal secured information on a computer? The focus will be on the how sophisticated or amateur the act was.
One of our most recent cases dealt with a young adolescent who had stolen the credit cards from his roommate's wallet and used them to purchase ski equipment. Although this case involved a simple method to obtain financial information, and items that were lower in value, it still involves complex consequences.

Regardless of how the case is charged, and even if it falls at the lower end of the spectrum, it is important to note that any charge of theft on one's record will result in serious consequences not only in regards to a Judge's sentence, but other aspects of your life as well. To ensure that your rights are protected and you are given the best possible representation, hire an attorney who has a solid reputation with the criminal courts in Southern California. We prepare a powerful defense aimed at not only reducing your charges but in many cases dismissing them as well. Contact our office today for a no obligation consultation.

August 13, 2010

What is entailed in a Los Angeles Juvenile Criminal Case?

Juvenile court in Southern California has jurisdiction over persons committing criminal offenses under the age of 18. Juvenile courts are conducted differently from adult criminal courts and carry with it certain drawbacks and benefits in comparison. An experienced Criminal Defense attorney that has handled over thousands of juvenile cases will know the differences and will be knowledgeable in a minor's rights in criminal cases; not only those of adults.

Minors appearing before a judge in criminal court have the same Constitutional Rights as those tried in Criminal court. However, juveniles do not have the right to a jury trial. The focus of Juvenile court is to protect youths from the severe potential consequences of the adult criminal justice system and to rehabilitate youthful offenders instead of merely punishing them for their crimes. Consequently, a potential sentence for a minor in juvenile court will not be state prison, but often group homes, detention camps, or the juvenile equivalency of prison.

Each criminal charge will also have a separate guideline for sentencing when it comes to minors. However, some crimes will render a youth unprotected by the severe consequences of the adult justice system. Specific categories such as murder, rape, robbery and mayhem allow the District Attorney to try a youth as an adult.

It is important that a minor's rights are protected in court, especially when they could potentially be sentenced under the adult criminal justice system. An attorney who understands the rights and intricacies of juvenile offenses can ensure that the minor's rights are recognized and protected in the court of law. Ronald Hoffman as handled over thousands of cases in which he has prepared a powerful argument on behalf of the youth in court, not only keeping the client out of the adult criminal system but oftentimes getting the case dismissed. Assure that you get the best representation possible and the peace of mind you deserve. Contact our office for a consultation without cost or obligation!

August 11, 2010

What is the Consequence For a Los Angeles Criminal Case Probation Violation?

When a person is charged with a Los Angeles Criminal case they are required by state law to be placed on Probation depending on the offense. There are over 100s of different offenses in the California Penal code and each will yield difference consequences. Potential sentences may include jail time, a fine to be paid, education classes to be completed, and/or restitution.

The sentence will include one of two types of probation, informal and formal. Informal probation is generally the case for misdemeanor charges. Petty theft will generally be given informal probation which is unsupervised. Formal probation on the other hand requires that a person check in with a deputy probation officer and is strictly enforced. Charges like felony hit and run, or theft will require formal probation after a jail sentence has been served.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete required education classes, pay a fine, fail a required drug test or fail to report to a probation officer ( in cases of formal probation). An external violation results when a similar crime is committed within the probationary period.

When probation has been violated a warrant is put out for the person's arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time. The importance of the probation term which the person failed to complete will have a direct correlation to the consequence of the particular probation violation. For example, someone who failed to pay a fine is in a better situation than someone who didn't report for jail time. Similarily, someone who fails to complete an ordered Anger Management class will have a very serious violation on their hands.

An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases and knows exactly how to prepare a powerful argument playing up the positive aspects of the terms you did comply with. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court and showing the judge a familiar face that carries with it a solid reputation established through 30 years or practice.. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. Contact our office for a consultation without cost of obligation and learn what we can do for you!

August 8, 2010

Do I Qualify for my California Criminal Case to be Expunged?

A criminal case on your record can be damaging to all aspects of your life. It could make it difficult to find a job, obtain a loan, purchase a house and often with your friends and family. However, under certain circumstances and situations with the help of knowledgeable Los Angeles Criminal Defense attorney, you may be granted an Expungement and have your case dismissed.

California law allows a defendant who has been charged with a crime to re-open the case, set aside the plea and dismiss the case. In most states a granted Expungement "seals" the records so that they are no longer available to the public. However, in California, it does not erase the criminal record but changes the finding of guilt to a dismissal, that is, if you meet the qualifying criteria.

In order to qualify for an Expungement, the defendant must have completed all probation requirements and have paid all court ordered fines and restitution. Additionally, the offense being expunged must not have required any time in State prison to be served and the defendant must not currently be charged with a crime.

The defendant may have to appear in court before a Judge. Although the underlying matter being expunged is Criminal, Expungement is a considered a Civil matter. The judge, after reviewing eligibility, may grant the request for Expungement if it is in the best interest of justice to do so.

If your record is Expunged, the cases is not erased from you public record, but will not read that the conviction was later dismissed. This allows defendants to honestly answer questions about criminal history when asked. If a defendant is charged with the same crime again, the Expungement will be reversed and it will count against you on your record.

Expungements require paperwork and oftentimes an appearance before a Judge to make a powerful argument as to why it is in favor of justice to have the case expunged. An experienced Los Angeles Criminal Defense attorney has argued thousands of Expungement cases and is familiar with the process and is able to prepare a strategic defense tailored to the specific facts of your case.