Los Angeles Criminal Lawyers Blog

When a person has been taken into custody for a criminal violation, there will be a monetary bail amount set. The bail amount must be paid in order for the person to be released from custody. This amount serves as collateral, that the person will make all required appearances in court and will not get into any further trouble until their case has been closed, and if found guilty, a sentence has been ordered.

The important issues are considered by the Judge; whether the person is a flight risk, and whether this person would be a harm to society. If either is found to be a significant concern for a person, the bail will likely be denied, or it will be set very high.

There are several factors that can be stressed to prove to the court that a person is not a flight risk. The court wants to be certain that if a person is released from custody, they will uphold their obligations to the court and appear on scheduled dates and follow court orders. A knowledgeable San Diego Criminal Defense Attorney might show that they have lots of contacts in the area that would make them unlikely to leave. This would include things like family that they live with and have close by. The larger the family, and the closer their ties to them, the stronger the argument would be that they are less likely to leave. Additionally, if the person has a steady job that they have been at for an extensive period of time, it shows commitment and dedication, especially if they hold a higher position within that job. This makes it unlikely that they would leave a steady job and income. The Judge may also consider if they are a notable person in the community, do they volunteer or are they active in difference organizations that shows they are tied to their community.

The factors a Judge will consider in regards to whether a person is a threat to society is the nature of the crime they are being charged with, and criminal history. The court wants to ensure that if the person is released from custody, they are not going to be arrested again or be a danger to their community. If a person has had 3 to 4 DUIS, and is now in custody for a 4th or 5th, the Judge is going to be less likely to believe that he or she is not a harm to society, because they have been charged before. Similarly, if a person is being charged with murder, or something more serious such as aggravated assault, the bail will be higher, or denied since they will be seen as a threat to society.

An experienced Southern California Criminal Defense attorney has successfully helped thousands of clients be reunited with their families after being in custody. The attorneys at Hoffman & Associates understand how important it is that you are not in custody so that you can help prepare your defense and get back to the things that really matter.

When a person has been arrested and taken into custody for an alleged criminal violation, a bail amount is set. A bail amount is a monetary amount set by the court that can be paid in exchange for a person to be released from custody.

If a person has not been released from custody before their first appearance in court, known as the arraignment, a bond hearing can also be requested. The Judge will hear a bond hearing, at the same time as the arraignment. The purpose of the bond hearing is to present an argument asking the criminal Judge to reduce the amount set for bail. In cases where there is no bail set, the person charged may present evidence and an argument that will convince the Judge to allow bail.

The Judge will take into consideration two very important issues when determining the amount set for bail. They will look into whether the person is a flight risk and whether they are a danger to society. If it seems like either or both issues will be a problem, the Judge will oftentimes deny the person bail. A powerful argument can be made by providing the court with evidence that goes to show that the person is neither a flight risk nor a danger to society.

A bail hearing is not mandatory and it has to be requested by the person or by their Los Angeles Criminal Defense attorney. Many people are not in custody at the time of their first court appearance. Oftentimes, they are able to pay the bail through the use of a bail bondsman, who can help.

A knowledgeable Los Angeles Criminal Defense attorney can help you get released from custody. If the bail is set at an amount that is too high, or is denied, an experienced attorney can help prepare a powerful defense to allow the Judge to change the order to a lower bail amount, allowing you to be released.

Lindsay Lohan was charged with a Los Angeles Grand Theft charge in January 2011. Grand Theft in California is charged under California Penal Code §487 and is filed a felony. It will be a grand theft charge anytime the item, or property stolen is valued over $950.

The penalty as established by legislation for a grant theft conviction may or may not include jail time, a fine and/or community service. Generally probation is a part of the sentence. The range for a potential sentence will differ for each person that is charged, based on their criminal history and the specific facts surrounding their case.

The good thing is that in California a grand theft charge is a "wobbler". A "wobbler" is a charge that can be filed as a misdemeanor or a felony. Whether it is filed as a felony or misdemeanor will depend on the facts of the case and the background of the person being charged. The government will look to see if a person has any enhancements that will favor a felony charge over a misdemeanor. Enhancements are factors that may warrant prosecution to propose a higher penalty. These factors include multiple similar charges in the person's criminal history, or the value of the time stolen is extremely high (65,000 or higher). If a person is a habitual offender, or is on probation at the time of the charge, chances are the government will want to take it seriously and file it as a felony.

In a majority of cases, a plea bargain will be offered. When the government offers a plea bargain, they are asking the person to plead guilty in exchange for a reduced sentence. For example, if a person is being charged with a felony grand theft, the prosecutor will ask the person to plead guilty to a misdemeanor grand theft. The person who pleads guilty does not have the option to contest the charge, and in exchange the case is closed and they receive a reduced charge.

Lohan refused the plea bargain offered by the government in court. She instead chose to retain her right to contest the charge. She was ultimately charged with a misdemeanor grand theft charge (reduced from a felony) and given 120 days in jail. A misdemeanor charge doesn't necessarily warrant mandatory jail time. However, in this case Lohan had a probation violation and has been in trouble with the law before. As a result, the prosecutor's took into account all the facts of her case, as well as her background and felt that while a reduced sentence would be appropriate, her probation violation had to be addressed.

When the charge is a "wobbler" there is much room for strong argument and defense. A Los Angeles theft attorney has fought thousands of cases similar to Lohan's and has the knowledge and expertise to prepare a case that gives a person the best chances of having it dismissed or filed as a misdemeanor. If it is a first time offense, there is a good chance of avoiding jail time, and having the case filed as a misdemeanor. An experienced California attorney will fight hard to keep the criminal record clean!

Many of our clients believe that a marijuana possession charge is the same as being charged while driving. This in fact, is not the case. Marijuana possession (less than one ounce) is made unlawful by California Penal Code §11357(b), however, having marijuana in a person's possession (less than an ounce) while driving is made illegal by California Vehicle code §23222(b).

Both charges have traditionally been filed as misdemeanors, however, as of January 2011, possession of marijuana under one ounce is now charged as an infraction, whereas VC §23222(b) remains a misdemeanor. Regardless of which section a person is charged under, they will likely be penalized with a fine and possibly community service, unless they have a criminal history. Whether it is charged as a misdemeanor or an infraction will have a significant impact on a person's criminal record. An infraction is treated similar to a citation, and does not go on a person's permanent criminal record. A misdemeanor remains on a person's record until it is properly expunged.

There are several defenses available to a person who has been charged with marijuana possession while driving. If you hold a valid Medical Marijuana Prescription, the charge may be dismissed if the marijuana was properly placed in a legally allowed location in the car and was under the allotted amount.

A person will also not be held liable if they can prove that the marijuana was not theirs. If someone does not have actual or constructive possession of the marijuana, then a person cannot be charged under VC §23222(b). Actual possession is when the marijuana is found on a person, including in their jacket, pocket or purse. Constructive possession is when the drugs are found in an area that is under the control of a person. Areas that a person has constructive possession over include their car, their backpack or their bedroom.

For example, Andy is riding in a car that belongs to Bob. Officers pull over Bob and find marijuana in his trunk and he has no medical marijuana prescription. If Andy is charged for marijuana possession while driving, he will get the charges dismissed because he has the defense that the marijuana was not in his possession.

If the marijuana is found and seized during an illegal search in violation of a person's fourth amendment rights, then it may not be introduced as evidence. If it is dismissed as evidence, the charge will follow since without proof of marijuana, there is no violation.

Although both charges seem to have minimal penalties, the consequences if has on a person's criminal record could leave lasting problems. A Los Angeles Criminal Defense attorney will help explain the strength of defenses available and will prepare a defense that will fight to not only reduce the charge to an infraction, but to dismiss it completely!

On April 16, 2011, actor Nicholas Cage was arrested by officers when he was involved in a violent argument with his wife of six years in New Orleans. Additionally, when approached by officers, he refused to cooperate and taunted officers to go ahead and arrest him, which they did and charged him with an additional Disturbing the Peace.
Disturbing the Peace in California is charged under California Penal Code §415 and is referred to as a "wobbler". A "wobbler" is a charge that can be charged as an infraction, misdemeanor or felony, depending on the facts of the case. A Disturbing the Peace charge can be filed as either an infraction or a misdemeanor.

Penal Code §415 is broken down into difference sections based on the actions that led to a disturbance including; disturbing the peace caused by unlawful fighting, unreasonable noise, and fighting words. A San Diego Criminal Defense Attorney is knowledgeable in the different defenses available to a person who is charged under PC §415. They may be able to argue that there was no intent to disturb the peace, or that they were not the ones causing the disturbance. Furthermore, if a person is engaged in a constitutionally protected activity, such as a peaceful protest, they are protected from being charged with disturbing the peace.

PC §415 is often an additional charge, even though it can be a charge on its own. In the case of Nicholas Cage, he was charged with Disturbing the Peace along with Domestic violence. Because either charge is a charge in and of itself, there will be additional penalties for the actor if he is convicted of both. Fortunately, a disturbing the peace charge can be negotiated to stand as an infraction with a powerful argument and a well prepared defense. An infraction is comparable to a simple citation and carries with it no jail time or probation.

When there is a chance to have a charge reduced to an infraction, it is the best possible outcome after having the case dismissed altogether. In any case, a San Diego Criminal Defense Attorney will provide the best method of ensuring that the case ends with the best possible results.

On April 16, 2011 actor Nicholas Cage was arrested for a domestic violence and disturbing the peace charge in New Orleans. Cage was heavily intoxicated and got into an argument with his wife of six years in a tattoo parlor. The argument got violent and witnesses report that the actor pushed his wife several times. He continued the argument onto the street and refused to cooperate with officers on the scene. The officers were obliged to hand cuff him and charge him with disturbing the peace, as well as domestic abuse.

Domestic violence in California is usually charged under two sections of the Penal Code, §243 (e)(1) and §273.5. California Penal Code §243 (e)(1) charged battery against a spouse and §273.5 is corporal injury to a spouse. There is a valid domestic battery charge when a person inflicts force or violence on a partner. This partner can be a current, former or future spouse, someone a person lives with, the parent of their child, or even someone a person is dating. §273.5 is a more serious charge. It involves inflicting bodily injury on a partner, including the parent of a person's child, current of former spouse, and someone with whom they have lived, or do live.

In order for Prosecution to establish a case under California Penal Code §273.5, they must prove that there was an infliction of bodily injury to a partner as described above, that there was a willful infliction of injury and it resulted in a traumatic condition. To establish a case for Domestic Battery, the Prosecution must prove that there was a willful infliction of force or violence upon a partner as described above. Domestic battery is the lesser offense for domestic violence. It is usually filed as a misdemeanor and a person can be convicted of domestic battery even if they did not physically injure their partner.

Regardless of which Penal Code section a person is charged under, one thing is certain, domestic violence is not taken lightly and can result in some serious consequences. A Los Angeles domestic violence attorney has handled thousands of similar cases and can prepare a powerful defense so that the charges have the best possible chance of being reduced or dismissed completely.