Los Angeles Criminal Lawyers Blog

When a person is caught using or forging a fraudulent ID a person can be charged under the California Penal Code 470a. This is a serious charge and can lead to potential jail time, fines, community service and probation. In an attempt to curb the growing numbers of violations, the California legislature has required a new driver's license be issued to all residents renewing their licenses or getting a brand new one.

The new licenses feature hidden pictures, raised lettering and a see through state bear symbol. Additionally, all people under 21 will have a license that is vertical as opposed to the current horizontal card. This will make it easier for bartenders, bouncers and waitresses to quickly determine those that are underage. This will also help reduce the number of underage drinking arrests made.

With the new licenses it will become progressively harder and more difficult to create fraudulent cards. Consequently, prosecution will have a much easier time proving their case. An experienced Los Angeles Criminal Defense attorney has handled Identity Theft cases for years and is extensively familiar with the law. Even with the new laws in place, the right attorney can make a powerful argument on your behalf so that you can have your case reduced or dismissed.

Public Defenders are attorneys that are provided to you by the government to assure that your rights are protected in a criminal trial when you are unable to afford an attorney to help defend you. It is your constitutional right to have legal representation so as to ensure you are given a fair trial and that you have a proper defense. It helps keeps the justice system in balance and assures that trials are no biased and defendants aren't unfairly taken advantage of.

So then if you are given a public defender for little or no charge, then why hire a Los Angeles Criminal Defense attorney? Public Defenders are highly educated and professional attorneys who are not only knowledgeable in what they do, but are also greatly experienced with the ins and outs of the criminal court system. However, with the amount of people that cannot afford attorneys, Public Defenders are assigned hundreds, if not more, cases at a time. The time they have to dedicate to each case is vastly insignificant to the time a private criminal defense attorney can offer.

An experienced and knowledgeable criminal defense attorney will only accept cases they have time for. That way they can dedicate the time and energy it takes to prepare a powerful defense for your case so that you get the outcome you desire. With a Criminal Defense attorney you can get a free consultation and sit down with the attorney to thoroughly discuss your case so that you are properly informed of all possible defenses and options. With the busy schedule of a Public Defender, you would barely be able to have a few moments on the phone to discuss your case, or several minutes prior to entering court.

Additionally, you may feel that Criminal Defense will cost you more than you can afford and therefore feel that your only option is a Public Defender. The attorneys at Hoffman and Associates understand that money is a problem, especially in this struggling economy. We provide affordable payment plans with no interest so that you can set up a plan that works for you and allows you to make payments without straining your budget. When choosing an attorney look at all benefits and costs, having the best representation that can dedicate the time and effort into getting your case dismissed or reduced is the best benefit of all.

When a Juvenile case is presented before the Criminal Judge, the factors considered are different from those in an Adult case when deciding upon the appropriate sentence. For A juvenile case, the biggest concern is to reform the individual and prevent them from becoming a part of the criminal system in the future. They want to educate and deter the juvenile and break any habits that may be forming, before they become an adult.

With those goals in mind the Judge considers many different aspects of a youth's background. They look at how often the child skips or is late to school and what their grades are. If the child's grades are high, then they might be getting bored in school and will look to provide more of a challenge so that the child remains engaged with the tasks they are given. Additionally, they will look at the company the child keeps. Who are they hanging out with? Who do they associate themselves with and what kind of habits do these kids have?

Another factor considered that differs from an adult criminal case is family background. The Judge will look at the home life of the child and in many cases may determine that the child needs to be separated from the home if he or she feels that the environment at home is negative or conducive to bad habits. Is there alcoholism or substance abuse? If there is, it may lead the Judge to conclude that the kid has a negative influence from the parents and could be reformed if he was given positive attributes and examples to follow.

Extracurricular activities will be considered as well. Is the juvenile involved in activities? Does he or she play any sports, take part in volunteer work, or do they have a job? If there is a great amount of involvement in activities there is a less chance for behavior that would need to be disciplined. The Judge many times will sentence a youth to become involved in a sport or clubs hoping to keep the child busy and away from disapproving activities.

The Judge also sometimes recommends a psychiatrist or psychotherapist to meet with the juvenile and provide a psychological evaluation of the child's mental health. Many judges attribute a negative pattern of behavior to psychological issues, many of which can be alleviated at an early age.

An experienced Los Angeles Criminal Defense attorney can help strengthen these factors in creating a powerful defense on your behalf. It is the attorney's job to sympathize with the juvenile and everyone's goal to see them seek reform in a healthy and positive way!

The prosecutor's in Southern California see hundreds of cases a day and each comes before them with a preconceived notion regarding the person being charged. It is the job of an experienced Los Angeles Criminal Defense attorney to not only change that biased perspective but to assure that the court sees you not as just another case number, but as a positive citizen of society.

You are allowed to represent yourself in court, but this may leave you vulnerable and inexperienced on what might prove to be a plea bargain worth considering and what could easily be reduced or dismissed with a strategic and well planned defense. When walking into court for your first appearance; the arraignment, the Prosecution has already determined what sentence they will recommend to the Judge based on the facts of your case. To them, you are just another member of society who has allegedly broken the rules and should therefore be penalized appropriately. This is the picture they will paint for the Judge.

What they do not see is all of the positive aspects of your life outside of the arrest. They do not come to learn about your background, your character and your achievements that come together to make you not just another case number, but a unique individual who might have made a mistake. A knowledgeable Los Angeles Criminal Defense attorney is fully aware of all the different aspects of life that comprise an individual; it is not just the charge and specific facts of an incident.

The attorneys at Hoffman and Associates work hard to inform the Prosecution of your good background even before your first appearance in court. We gather letters and documents from friends, family and any extracurricular activities you may be a part of. In addition we recommend activities and education classes to attend so that the Judge can see you are serious about your case and have learned from your arrest. This leads to a much stronger chance of your case being dismissed or reduced. We have done it for thousands of clients, now lets us do it for you!

Once you have entered a plea of not guilty at the arraignment of your criminal case, the next appearance will be a Pre- Trial Conference.

The Judge will schedule a Pre-Trial Conference with Prosecution so that both sides will try to come to a settlement regarding the allegations. If your case is a misdemeanor, your attorney may make an appearance on your behalf. Although you are permitted to represent yourself, it is not recommended.

Prosecutors deal with cases like yours every single day and are highly experienced in preparing an argument that will work against you. They have reviewed all the information and your background and know precisely how to approach your case. An experienced Los Angeles Criminal Defense attorney can not only prepare a powerful defense that will serve to change the prosecution's perception of your case, but they have worked with the prosecutors in Los Angeles on thousands of cases and know the weaknesses and strengths of each.

The biggest mistake you can make during your Pre-Trial conference is to go in unprepared and have Prosecution gain an upper hand against you and represent you to the Judge in a bad light. You want to make the strongest case possible, playing up the positive aspects of your life and character, an aspect the opposition will try hard to break down.

When it comes to your criminal case, you need to be aggressive and demonstrate to the Judge that you are not just another case going through the process, but that you are someone who should not be convicted based on allegations. Protect your rights by getting the proper help from a knowledgeable Los Angeles Criminal Defense attorney.

Many of our clients who are detained on criminal allegations also have Immigration proceedings started at the time of their arrest. There are many questions regarding the differences between Criminal court and Immigration court.

Your criminal case is a separate entity from your immigration case. It involves two separate courthouses and two separate Judges. When you are detained on a Criminal case it is in regards to your criminal case only. Any time served in jail will go towards your criminal sentence only.

If you do not have citizenship status in the United States then an Immigration hold will be put on you once you are arrested on accused criminal charges. After you have been released from custody , if you are in custody, and have appeared before a criminal Judge and completed your criminal case, you will be transferred over to an Immigration detention center.

Once in Immigration custody, you will appear before an Immigration Judge who will determine whether you will be permitted to remain in the country and/or if you will remain in custody. A separate bail amount will be set, if any, for Immigration custody. If you have paid a bail amount to be released from jail on your criminal case, it will not cross over to your Immigration bail amount. The Immigration Judge will set a separate amount for bail. This amount must be paid to be released from custody.

The criminal and immigration process is complex and can cause a lot of confusion if you are not familiar with its ins and outs .A knowledgeable Los Angeles Criminal Defense attorney is not only familiar with the criminal procedure, but knows the Judges and Prosecutors as well. Additionally, an attorney that has been practicing for over thirty years can recommend an Immigration attorney that they have worked with on thousands of cases and can provide work representation that you can have confidence in.

Many of our clients ask us if it is important that they have an attorney for their first appearance in court when they have been charged with a Criminal offense. The first appearance, referred to as an arraignment, determines the outcome and process of your criminal case.

During the arraignment you are asked to make a plea of guilty, not guilty or no contest. You are asked to make this plea without all the facts. You are handed your arrest report minutes before you appear before the Judge to make a plea and have several minutes to talk to the Prosecutor regarding a plea bargain. The Prosecutor is the one you discuss your case with and the one who presents you with the possible sentence if you choose to plead guilty. What most people don't understand is that the Prosecutor is working to prosecute you for the case. Their best interest is to get the case settled, it is not to get you the best possible sentence or to get your case dismissed.

Additionally, you do not know the full background of your case and the possible defenses that may be available to you. At Hoffman and Associates we review the facts of the case and in many cases get a continuance so that we can make a thorough evaluation of the circumstances surrounding the case and the defenses so that we can provide the most powerful argument on behalf of our client.

Don't go into court without having all the facts and a prepared defense. An experienced Los Angeles Criminal Defense attorney can contact the prosecution so that you have the arrest report and facts beforehand. They can provide you with an honest assessment of your case, as well as defenses and potential consequences so that you are fully equipped with the knowledge you need to make informed decisions. Don't go in blindly, have a knowledgeable attorney be your guide!

When you have been charged with a Criminal offense in California, you will be summoned to court and must appear before the Judge. In many cases, a Los Angeles Criminal Defense attorney can make an appearance on your behalf. The first appearance in court is referred to as an Arraignment.

During the arraignment the person charged will receive their arrest report. The arrest report will contain the officer's report on the arrest and the circumstances and facts surrounding it. Additionally the Prosecution must present any evidence they have regarding the case. Prior to the arraignment, you are not able to know what the Prosecution has learned based on the arrest report and what the arresting officer has reported.

Additionally, the person charged will receive a plea bargain from the prosecution. A plea bargain can be described as a settlement offer asking you to plead guilty to a charge and the sentence you will receive if you do so. After having spoken to the Prosecutor regarding a potential sentence, you will have to appear before the Judge. The Judge will then ask you to enter a plea of guilty, not guilty or no contest.

The arraignment is a crucial part of the criminal process, as it dictates the next step in your case. Having a Criminal Defense attorney to represent you makes the whole process a lot less stressful. A knowledgeable attorney has spend every in a criminal courtroom for years and is not only familiar with the ins and outs of the procedure but knows the prosecution and Judges as well. Don't tackle this on your own, have someone on your side who you know you can count on.