Los Angeles Criminal Lawyers Blog

When someone has been arrested based on a single incident, it is possible to be charged with more than one offense. Oftentimes a certain situation will invoke several violations of the California Penal Code or the California Vehicle Code.

For example, someone who is stopped for a DUI may also have a suspended license. This incident will lead to two separate charges, a DUI and a driving with the suspended license offense. In contrast, certain circumstances may enhance an arrest, but will not by itself be a separate charge. If someone is caught using excessive speed, and/or have an unusually high Blood Alcohol Level (BAC) when they are stopped for a DUI will not have separate offenses. The only offense they will be charged with will be a DUI, but the high BAC and/or the excessive exhibition of speed will lead to a harsher sentence.

When you are arrested for a charge, and you have circumstances that enhance the offense you may serve the highest sentence recommended by the legislature. The penalty given is based on different factors, and aggravated circumstances, or enhancements, will lean towards the higher end of the sentencing spectrum.

When your arrest involves several different charges the case becomes much more complex. Your sentence can extend beyond the recommended legislative range. If you are charged with a DUI and also a resisting arrest charge, you not only have the potential of being sentenced with the highest possible penalty for a DUI, but also the highest possible penalty for a Resisting Arrest charge.

Regardless of whether your case involves enhancements, or several additional charges it will be a complicated one with the possibility of facing a harsher sentence. An experienced Los Angeles Criminal Defense attorney has handled thousands of similar cases and can create a powerful defense on your behalf. When your case involves complications make the smart decision and hire someone to represent you and ensure the best possible results!

When people have been charged with a criminal case, one of the biggest worries is appearing in court on the scheduled date. If you fail to appear on your scheduled date, it can result in a bench warrant which will lead to your arrest. Fortunately, if you have hired a California Criminal Defense Attorney to represent you, in most cases you will not have to be bothered with appearing in court.

Once a Criminal Defense attorney is hired, they will be able to appear on your behalf in front of the judge under certain circumstances. When an attorney appears on your behalf, it is called appearing 977 (after the appropriate California Penal code section). An attorney is authorized to appear on your behalf in any misdemeanor case, unless explicitly ordered otherwise by the Judge. For felony cases, however, the person accused must appear before the Judge unless granted permission to have an attorney appear on their behalf.

Hiring an attorney not only ensures that you are getting experienced and knowledgeable defense, but its alleviates the hassle and stress of having to appear in court. With work and social obligations it is hard to clear out a whole weekday morning to sit and wait until you are called before the Judge, a process that can take two to three hours.

An attorney is familiar with the courtroom process, the Judges and the prosecution and has priority in making appearance before those that are unrepresented. You not only have less anxiety knowing that your case is trusted in the hands of an experienced professional, but the whole process will not have you waiting hours on end for an outcome. Make the smart decision and make the process as easy as possible, seek the help of an attorney.

When someone you know has been arrested and taken into custody, your first and foremost concern is how to get them out. Unfortunately, the average person does not have the bail amount readily available, and therefore a bail bondsman becomes necessary.

The set bail amount will vary based on several factors. Essentially the court will ask whether if this person was released, would they be a danger to society, and will they appear in court for their next scheduled hearing. If the facts point to the likelihood that this person will flee and neglect their court ordered duty to appear before the judge, or if the nature of their crime caused serious injury or harm to society they will have a higher bail.

The amount of bail paid is generally returned once the court process has been completed and the sentence given. However, to gather the money in the first place is not easy for the average American. A bail bondsman will pay the bond for you if you pay a certain percentage to the company. For example, if the bond is set at 20,000, you may be asked to pay the bail bondsman 15%, for a total of $3,000. Once you pay the 15%, the bail bonds company will pay the authorities the $20,000 which will be returned to them once the court process is complete. They will keep your $3,000 as their fee.

When picking a bail bondsman, make sure you go with a company that is trusted and recommended by criminal defense attorneys who have been working in the field for over thirty years. An experienced Los Angeles Criminal Defense attorney will have built a solid relationship and have worked with many bail bonds companies. They can recommend a company that will deliver results and will be trustworthy. Do your research and make decisions carefully, after all you want the company that can deliver results as efficiently and quickly as possible!

Actress Lindsay Lohan appeared in the Beverly Hills courthouse on September 24, 2010 and was ordered to be taken into custody with no bail.

Ms. Lohan had spent two weeks in jail in this past August and several weeks at a Rehabilitation facility where she had made great strides in tackling her drug and alcohol addiction. Upon being released from the facility, as part of her probation she was ordered to provide the Court with random drug tests whenever requested. The actress, however, failed multiple drug tests in the week before her court appearance. As a result, the Judge took her into custody for her probation violation and set another hearing date for October 22, 2010. The Judge will then decide if Lohan had violated her probation and what the revised sentence will be.

When the Judge grants probation it should be taken very seriously. Your probationary period is a chance for the Judge to see that you have learned from your sentence and will not make the same mistake again. If you violate your probation you will have to appear before the Judge and he or she will decide the appropriate steps to be taken. Possible consequences may include an additional fine, extended probation or community service, and in many cases, mandatory jail time.

A probation violation hearing requires a court appearance. It may seem as if a probation hearing is not as important as the actual criminal hearing but this is not the case. It is highly recommended that you hire an experienced Los Angeles criminal defense attorney. The hearing outcome can change your sentence and in some cases, like Ms. Lohan's, order you to serve a mandatory jail sentence. If you violate your probation, you are no longer protected from avoiding jail. The Judge has the discretion to order any sentence he deems necessary. Protect your minimal sentence, take the proper steps to ensure that your probation violation hearing has the outcome you desire.

Under the California Penal Code § 647, Drinking in Public is considered a misdemeanor. However, a Drinking in Public charge is considered what prosecutors and attorneys refer to as a "wobbler". A "wobbler" is a charge that can be tried as either a misdemeanor or as an infraction.

If your offense is classified as an infraction, it won't go on your permanent record. This would be your ideal goal. If it is charged as a misdemeanor, it is more serious and will become a part of your permanent record.

Charges such as a Drinking in Public Ticket are beneficial to the person charged because it allows for negotiation and a strong argument made in your favor. An experienced Los Angeles Criminal Defense attorney can speak to prosecutors to reduce your sentence down to an infraction. This will allow you to pay a simple fine and avoid it going onto your permanent record.

You can appear on your own behalf in cases such as these, but it is not recommended. You will have one chance to present your case to the Judge. If the Judge is not convinced that the charge should be reduced, it may go onto your permanent record as a misdemeanor. Assure that you have the best possible chance in getting your charge reduced so that you avoid the hassle of such a simple charge on your record, and hire someone who can have it reduced if not dismissed.

A charge will only appear on your permanent record when you have been convicted, not just arrested. When you are arrested, there is no case against you. An arrest means that the officers are merely alleging that you could be guilty of the crime of which you are accused. In contrast, when you are convicted of an offense, you have been proven to be guilty beyond a reasonable doubt in a court of law.

A conviction will fall under one of three categories; infraction, misdemeanor or felony. When you get a traffic ticket or a jaywalking ticket, it is usually an infraction. These are minor incidents that can be corrected by a fine and without appearing in court. Additionally, these offenses do not involve any jail time. An infraction does not go on your record. You are not required to report it to employers, financial institutions, or any other application processes that may ask if you have a criminal record.

A misdemeanor requires that you appear in court before a judge or an attorney appear on your behalf. The sentence can include jail time, a fine and/or community service, depending on the facts of the case. A misdemeanor is more severe than an infraction and has harsher consequences. More often than not, you will have to report a misdemeanor to your employers, financial institutions or anywhere else you are asked about your criminal record.

A felony requires that you personally appear in court, and may even keep you in custody during the proceedings, depending on the facts of your case. A felony will have higher prison sentences, fines and a longer probationary period. A felony will always be on your permanent record and you will be required to disclose it when asked to do so.

After you have been convicted of a misdemeanor or felony, it is difficult to keep it off your permanent record, unless you get it expunged. Your best possible chances are if you get the charge reduced or dismissed before your conviction. An experienced Los Angeles Criminal Defense attorney has helped reduced or dismissed thousands of cases just like yours. Assure that you have a powerful fighting chance in getting the outcome you desire.

A California assault charge is defined in the California Penal Code under sections 240 and 241.

Assault is defined under section 240 as an "unlawful attempt, coupled with present ability, to commit a violent injury to the person of another". Translated into simple terms, it means that if someone attempts to and has a capability of causing violent injury to a person, they may be charged with assault.

The potential penalties for an assault charge fall along a range depending on the specific facts of your case. The sentence will also depend on who was assaulted; a civilian, an officer, school personnel, as well as where the assault took place. Based on these factors the penalty may include a fine up to a thousand ($1,000) dollars and/or up to six months in county jail. The fine may be up to $2,000 when the assault is committed by or upon a peace officer, firefighter, medical technician, nurse, doctor, lifeguard, process server, animal control officer, or traffic officer in the course of his or her duties.

The broad range of sentencing allows room for negotiation. A powerful argument presented by a knowledgeable Los Angeles Criminal Defense Attorney can significantly reduce your sentence.

A California Battery charge is defined by the California Penal Code section 242. Section 242 defines a Battery as any willful and unlawful use of force on the person of another. Put simply, a battery results when a person causes physical impact on another that is unsolicited and unwarranted causing injury.

The potential penalties for a battery charge fall along a range depending on the specific facts of your case. The sentence will also depend on who the battery was committed and by and against who, as well as where the assault took place and the extent of the injuries. The basic sentence that falls on the lower end of the spectrum will be a fine up to two thousand ($2,000) dollars and/or up to six months in county jail.

On the higher end of the spectrum a battery charge may receive a sentence of up to $10,000 if battery is committed by or upon a peace officer. Similarly, the sentence will be considered in a different light when the battery is directed towards or committed by those who serve the community such as lifeguards, doctors, nurses and firefighters.

Additionally, the extent of the injury will determine if the sentence is harsher or towards the lower end of the range. Battery charges with extensive bodily injury will receive up to four (4) years in county jail. Where the victim suffers from a minor bruise or scratch, the penalty might not be so severe as someone who causes the victim to have tissue damage, or internal injuries. Also considered is if the battery was committed by a minor and if it took place on school grounds.

The broad range of sentencing allows a Judge to weight together many different factors including your personal background as well as the facts surrounding your case. Whether your case is a simple case with minor injury or one with serious injury, a battery charge can leave a scar on your permanent record. A powerful argument presented by a knowledgeable Los Angeles Criminal Defense Attorney can significantly reduce your sentence.

When you have been arrested for a Criminal Offense in Southern California you are sure to be anxious and scared as to what will happen next, not knowing what it is that you should do first.

If you are not arrested and taken to the police station you will be issued a citation filled out by the arresting officer. The citation will contain the penal code of the offense you are being cited for, will note whether it is an infraction or misdemeanor and will have the name of the officer along with other details of the arrest including any notes and location. Most importantly, your citation will have a court date and location listed at the bottom. It is extremely imperative that you show up to the court date. An experienced Los Angeles criminal defense attorney may make this appearance on your behalf so that you do not have to worry about taking time off for work or your busy schedule.

That first court date is an arraignment and plea. It is at this time that Prosecution would present their offer for sentencing and you would stand before the judge and enter your plea of guilty, not guilty or no contest. If you have hired an attorney, the attorney will stand before the Judge and speak on your behalf.

If you enter a plea for guilty or no contest, the Judge gives you a sentence and your case is concluded. However, if you enter a plea of not guilty, you move onto the pre trial process in which your attorney, or you ( if you are representing yourself) will present your argument through motions and evidence in hopes that the case will settle. If the case does not settle you will move onto the trial process.

Much like most of the legal field, the court process is not black and white. There are extensions granted, and your arraignment and plea may even be pushed back a few weeks if your attorney feels that it is crucial to present a stronger case to the Judge. The overall goal is to reduce or dismiss your charges so that you keep your record clean and sentence minimal. When you have been arrested it is natural to want the matter resolved as quickly as possible. Hiring someone who has handled cases like yours for years will not only reduce your own anxiety and stress but will also ensure that you have the best possible chance in getting the outcome that you want.

Many people mistakenly assume that an charges for assault and battery go hand in hand. While it is true that many offenses involving assault may also involve battery, the two are not always found together. Assault is a threat of bodily harm that results in fear of bodily harm in the victim. Battery is when actual physical contact results.

Lets say that Person A says to Person B; " I am going to find you and kill you". If this causes a reasonable fear in Person B that Person A was actually going to find them and kill them, then there is a case for assault. It is not necessary that Person A actually find Person B and kill them, just the fact that they have threatened to do so. It is also important to note that there must be a reasonable fear that the threat will actually be carried out. If your friend jokingly says to you that they are going to "kill you" and you know they are joking and have no intention in carrying out their words, there is no assault.

Now lets say that Person A actually finds Person B and attempts to kill them but only physically injures them. Person A may be charged with no only assault, but also battery. If Person A never threatened Person B, but found them and attempted to kill them resulting in physical injuries, then Person A may only be charged with battery but not assault.

The consequences for each are different but should be taken seriously just the same. An assault and/or battery charge is serious and should be avoided if at all possible. An experienced Los Angeles Criminal Defense attorney has handled thousands of these cases and knows the intricacies of each charge and what they entail. The attorneys at Hoffman and Associates strive to reduce all charges and get you the best possible outcome.

On September 20, famous heiress Paris Hilton pleaded guilty to two misdemeanor drug possession charges in Las Vegas. The Judge sentenced her to 12 months of probation, mandatory attendance at a substance abuse program, a fine of $2,000 and 200 hours of community service.

No matter the charge, avoiding jail time is a significant concern for many people that are arrested. Most criminal offenses including, but not limited to, DUI, theft and drug possession, have in their statute a range of penalties that held guide the Criminal Judge in giving a sentence. Most include a range of jail time that may be imposed depending on the specific circumstances of the case. Prosecution recommends a sentence to the Judge based on the facts and discussions with the defense attorney.

You do not have to be a celebrity with a high paid lawyer to avoid jail time. An experienced Los Angeles criminal defense lawyer knows the Judges and Prosecution well and can prepare a powerful argument that will give you the best possible outcome.

The knowledgeable criminal defense attorney will prepare a strategic defense on your behalf that will focus on your positive attributes and present you to the Judge in the best possible light so that the Judge sees you as an honorable member of society. With over thirty years of practice and a remarkable reputation among the criminal courts of Southern California the attorneys at Hoffman and Associates can give you the star treatment without the outrageous prices.

California Penal Code Section 12031 outlines potential consequences for a person who is convicted for Possession of a Firearm in a public place.

The code outlines whether a case will be charged as a felony or a misdemeanor based on the specific facts of the case. As with any criminal charge, the Judge has discretion in determining whether a case will be tried as a felony or a misdemeanor. There is no objective formula for determining what the precise sentence will be, only a range is provided by the relevant criminal code. The range outlines a minimum and maximum sentence, it is up to the Judge to make a final ruling. Prosecution will make a suggestion which will be negotiated with the Criminal Defense attorney before it is presented to the Judge.

Under California Penal Code Section 12031 a misdemeanor may be sentenced up to one year in County Jail and/ or a fine not to exceed $1,000. For example, a case in which a retired officer or someone who misuses a firearm they are legally allowed to possess in a public place will probably fall at the lower end of the sentencing spectrum. In comparison, someone who has a firearm that they are not allowed to have in a public park will most likely be given a sentence that is a lot harsher.

All cases charged as felonies will be based upon the Judges discretion as well. Those that have several charges similar and/or related to the possession of a firearm will serve a minimum sentence of three months in County Jail. The intensity of the case will determine where in the scale the sentence will fall.

Regardless of whether the case is a misdemeanor or a felony, a powerful argument from a knowledgeable attorney strives to ensure that the sentence falls at the lower end of the spectrum rather than a maximum punishment. An experienced Los Angeles Criminal Defense attorney is a powerful tool in court when you have been charged with something as serious as Possession with a Firearm in a Public Place because a well prepared defense can make the difference between merely paying a lower fine or serving jail time.

As with all Criminal charges, the specific facts of your case will determine whether the case will be tried as a felony or misdemeanor. California Penal Code Section 12031 outlines specific circumstances under which a Possession of a Firearm in a Public Place will be charged as a felony. If it is not enumerated under the relevant section, it will most likely be filed as a misdemeanor.

A charge under this section is a serious crime. The person will be charged with a Felony under California Penal Code Section 12031 if they;

1.Have a previous felony charge
2.Where the firearm was stolen and the person charged knew that it was or had a reason to believe it was
3.Where the person is an active participant in a street gang
4.Where person is part of a group of persons who are prohibited from possession a firearm
5.Where person has been convicted of a crime against person or property or of a narcotics or other dangerous drug violation; and
6.Where the person is not registered for a firearm with the Department of Justice
It is important to note that the line between a felony and misdemeanor is not black and white. There is a lot of subjectivity in determining the appropriate charge, one that is left up to the discretion of the Judge.

Regardless of whether the case is charged as a misdemeanor or felony, a firearm charge is a serious offense, not taken lightly by any institution or employer. A knowledgeable Los Angeles Criminal Defense attorney can provide a powerful argument so that the judge may understand your side of the story and rule in your favor. Don't underestimate the severity of the situation, the ramifications of a conviction may be affect your life for years to come.

California Penal Code Section 12031 claims that a person found carrying a loaded firearm in a public place will be found guilty.

A person will be found "carrying" when they have a loaded firearm on his or her person, or in a vehicle. Public includes not only a public place, but also a public street of any incorporated city or unincorporated territory.

A firearm shall be considered "loaded" for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder, and a bullet or shot, attached in any manner to the firearm. A peace officer has the legal right to check a firearm in a public place to check whether or not the firearm is loaded. A refusal to allow the officer to check your weapon may lead to a lawful arrest.

The "lawful possession" as described in this section of the penal code refers to when a person has either lawfully owns, or has lawfully acquired or otherwise has the authority to carry the firearm.

A violation of this section will be justifiable when the person carrying the firearm reasonably believes that he or she is in grave danger. This section also does not apply to those carrying a firearm by any person engaged in the act of making a lawful arrest.

The section that defines this particular charge is extensive and carries with it a lot of fine print. When charged under this section of the California Penal Code, it is a good idea to consult an experienced Los Angeles Criminal Defense attorney who has not only been practicing Criminal law for over thirty years, but has handled cases similar to yours.

Many of my clients make the mistake in assuming that a Criminal Judge can make decisions regarding your Immigration status and vice versa. This however is not the case, as they are two very separate judicial entities.

The Immigration court is a federal court and uses federal rules and law. An Immigration judge does not have the discretion or jurisdiction to make decisions regarding your criminal case. The Judge will look at what the ruling or final judgment was on your criminal case and makes a decision based on that. He or she will not consider the merits, that is the facts, of your criminal case and decide whether you were wrongfully charged or convicted. The underlying facts are not important to the Immigration Judge, and he does not have the discretion to consider them in making a decision regarding your Immigration status.

The Criminal Court is a state court and uses state law. A Criminal judge will advise you that a criminal conviction can affect your immigration status but he has no authority to decide on any immigration matter. He or she will consider the merits of your criminal case and make a ruling. Immigration status will be decided by the immigration judge based on that ruling.

The best way to assure that your Criminal and Immigration rights are protected is to hire two attorneys that are knowledgeable in their respective fields. An experienced Los Angeles Criminal Defense attorney will know a good Immigration attorney that they can work with closely to get the best possible results for your case.