Los Angeles Criminal Lawyers Blog

Entrapment is a full defense that is common to certain types of criminal cases. Among these are drug sales cases, prostitution and charges of lewd conduct. Depending on the specific facts of the case, as well as the individual's background, the defense may be successful and will result in a dismissal.

One of the types of charges where Entrapment is argued often is in drug sales. The typical case will involve an undercover officer who asks to buy drugs from a known dealer. The dealer sells drugs to the officer and is arrested and charged with a violation of the California Health and Safety Code § 11352. §11352 makes it unlawful for any person to be transporting or selling a controlled substance.

The defense will only be successful if the person was coerced or pressured into selling the controlled substance to the officer. It must be more than a suggestion, it must be enough to make reasonable person feel that they cannot refuse but do as the officer asks. If the person is predisposed to selling drugs then the entrapment defense will not work. The prosecutor will demonstrate that a person has the predisposition to commit a crime through the use of any existing criminal record and proof of character.

For example, Person A has been convicted of selling a controlled substance 7 years ago. He is known as a seller and officers have been observing him for two weeks. Eventually an officer goes undercover, approaches A and asks to buy some of what he is selling. Person A initially refuses and the officer starts to walk away. As the officer walks away, A calls him back and exchanges the substance for cash. Person A is arrested and charged.

In the above mentioned situation, an entrapment defense may be weak based on the facts. The person has been previously convicted of selling a controlled substance, which implies that they have the predisposition to engage in the illegal act of selling drugs since they have been convicted of the act before. Any evidence of predisposition will often weaken the person's argument for entrapment.

Additionally, in the example there is no pressure or force coming from the officer. The officer walks away after he is told no, but person A asks the officer to come back. If Person A tries to make a case for entrapment, it might be dismissed because there is no evidence of pressure or force, and it seems as if they are predisposed to sell controlled substances.

In cases involving charges of California Drug Sales, an experienced Los Angeles Criminal Defense attorney will always consider the defense of entrapment. In many cases it is a strong and effective defense. Whether it will apply in a case will depend on the specific facts of the case and the background of the person. Consult an attorney for a full analysis of your case to determine which defense is the best argument.

Vehicle Code section 20002 requires that all drivers involved in a traffic accident immediately stop their vehicles in exchange drivers licenses, insurance, and registration with other parties involved in the accident. The issue of fault, has no bearing on these requirements of the law.

Anyone, was ever been in accident, knows the intense traumatic, and emotional effects that are common after an accident. The more serious the impact, the greater effects the drivers feel. For whatever reason, parties who have been involved in accidents frequently deny responsibility, even though it was clearly their fault.

Fear of this responsibility, especially for those drivers without insurance, or with less than perfect driving records, or drivers with suspended licenses, have a greater fear about the expense and other corollary responsibilities of being declared a party at fault in an accident.

The courts have seen a steady increase in the amount of hit-and-run cases, where drivers have for whatever reason chosen not to comply with the law, but to leave the scene of an accident without exchanging the legally required information. Whether or not it was a minor scrape as a result of a miscalculation in distance while parking in a mall parking lot, sideswiping a cars door while driving too close to the curb lane, these acts leave angry victims scratching their head for who the responsible, or better yet irresponsible driver was left the scene of an accident without complying with their legal obligations.

Our firm of hit-and-run attorneys specialize in negotiating civil compromises, which are essentially documents which express that the victim has been fully compensated for any losses, and that they are not seeking criminal prosecution. The value of such a document frequently leads to a dismissal of any pending or existing criminal charges..

Clients rarely realize the complexity of negotiations with multiple parties other than just the victim which are required to be satisfied to get the best results once a mistake of this nature has been made. Firstly, once retained, an attorney contacts the police departments that handle the initial hit-and-run claim, and is responsible for finding, or following up with the responsible party causing the accident. Developing a good relationship of trust and cooperation can create an ally with the victim, by setting the stage for trying to make the victim at the by compensating them in a timely fashion for any damages that may have incurred as a result of the accident.

Exercise of this timely strategy of cooperation and remorse goes a long way towards reducing the victim drivers anger over having been left at the scene of the accident. Making contact with the victim to further determine any losses as soon as possible will also foster the victim's cooperation in signing the civil compromise documents which is an essential and critical requirement, and prerequisite for criminal charges to be dismissed or avoided altogether.

An attorneys clear understanding of the psychological strategy of rebuilding trust with the victim driver is critical to changing the perception of your client. Only when the victim feels better, can a foundation be laid for an agreement to fairly compensate the driver for any losses they may have incurred, and ultimately prevent the responsible driver from facing the exposure, expense, and stress of being prosecuted for hit-and-run.

Many of our clients ask us about a letter they receive shortly after having been charged with shoplifting from the merchant. This letter often comes from the store asking for money to be paid in an attempt to recoup their losses.

Under California Penal Code §490 (b) and (c) the merchant who has allegedly been stolen from has the right to seek civil remedies against the person. They may demand anywhere between $50 to $500 in civil liability, as well as the cost of the item stolen. However, there must be a loss. If the item stolen was recovered, then the merchant has no right to seek compensation for the losses, since the item was returned.

The Civil Demand letter is something is concerned with Civil liability, not criminal. If there are any issues or debate over the amount being asked for, or liability itself, it is a matter for civil court. Civil court is a matter between the injured party and the one being accused, whereas criminal court is a matter between the state government and the person being accused.

Even if a civil demand letter is sent, and the all losses have been compensated, the criminal judge and prosecutors may still bring a case. The merchant may cooperate and sign a civil compromise allowing for the Criminal Defense Attorney to present it in criminal court to demonstrate that all costs have been reimbursed. This is not a guarantee that the criminal case will be dismissed, but will help make a strong argument towards dismissal.

An experienced Los Angeles Criminal Defense attorney knows not only how to get a civil compromise completed, but can present it in court in a manner that gives you the best change to have your case dismissed. A powerful argument and well prepared defense can give a case the best possible chance to be dropped and making sure a criminal record is kept clean.

The United States Constitution, under the Fourth Amendment, gives each person the right to be protected from unreasonable search and seizure. If evidence is gathered as the product of an unreasonable search and seizure, then that evidence will not be admissible by prosecution during the criminal case.

The most common question our clients have is in regards to drugs that are found via a search of their vehicle or home. There must be a reasonable suspicion before an officer can check a person's vehicle or home for drugs. For example, if a person is driving a vehicle and is stopped for a broken taillight, does the officer have a right to search the vehicle for marijuana possession?

The officer may not search the vehicle unless he has a reason to believe that there may be marijuana in the car. Such reasons include if the officer smells the marijuana in the car, or if he sees that the person looks like he or she has been smoking, or they observe something that leads to a strong belief that there is marijuana in the car.

There are many exceptions to the fourth amendment right, and it becomes complex in different situations. One of the biggest reasons there are no clear cut rules for when evidence will be considered in violation of the fourth amendment, is because the facts of each case differ. The rule is a subjective one and will be determined on a case by case basis.

An experienced Los Angeles Drug Offense Attorney has dealt with thousands of drug possession cases and can determine when evidence is inadmissible and in violation of the fourth amendment. Having evidence thrown out may potentially result in a case dismissal due to a lack of sufficient evidence. Be sure to have a Criminal Defense attorney that will be well prepared with a powerful defense and will pursue all the different defenses available to you.

This week Lindsay Lohan pleaded no contest to her Theft Case pending before the Criminal Judge in Los Angeles. The judge has already sentenced Lohan to 120 days in jail regarding her probation violation. She will likely serve about two weeks for the petty theft charge and probation officials may allow her to serve the time at home wearing an electronic surveillance bracelet.

A no contest plea, Nolo Contendere in Latin, essentially means "I do not wish to contend" the charges. It states that the defendant does not plead guilty to the charge, but doesn't wish to dispute it either. It carries with it the same consequences as a guilty plea, but the charge may not later be used against the defendant in any civil proceedings. With a no contest plea, the person charged is subject to any and all penalties that may come with a guilty plea, including fines, jail time, and probation.

The option of pleading No Contest is available to all defendants. Many times it comes as part of a plea bargain. An experienced Los Angeles Criminal Defense attorney can discuss the facts of your case and your concerns to help determine whether no contest is a plea you should consider.

Additionally, Lohan was not required to appear in court, her attorney was able to come to court and make the plea on her behalf. A Criminal Defense attorney can do the same for their clients, whether you are a celebrity or not. This relieves the pressure for many clients and allows them to be where they need to be, without the stress of court.

California Vehicle code §23222 makes it illegal for any person to have in his or her possession , while operating a motor vehicle, any bottle, can or receptacle containing an alcoholic beverage. This includes any alcohol container that has the seal fully, or partially broken, and which has contents partially removed. The container may not be in a place that is easily accessible by the driver.

California follows the Federal rule and allows for an exception to open containers in a moving vehicle. If passengers are using a vehicle whose primary purpose is to provide transportation for compensation, then the passengers are permitted to have open containers of alcohol. Those vehicles that fall under this exception include, limousines, taxi cabs and buses. It is important to distinguish between public buses and those hired privately strictly for the purpose of transport. Drinking on a public bus with an open container is potentially a charge of being intoxicated while in public, or disturbing the peace.

If the open container is in a parked car, there may be an argument that the person had been driving with the container open, or a possible drinking in public offense. Oftentimes the potential consequences can be a misdemeanor depending on the specific facts of the case. It may also be added on as an additional offense to something more serious such as driving under the influence. In cases where driving with an open container is part of multple offenses, the penalty may be something more severe than the charge on its own.

An experienced Los Angeles Criminal Defense attorney can prepare a powerful defense to either have a Driving with an container charge dropped or reduced. If you are being charged with other violations, having a charge such as this one dismissed will help to greatly reduce the potential consequences you may face.

Many of our clients are stopped for a violation of California Vehicle Code 23152, and are found to be under the influence of marijuana and alcohol. California VC 23152 makes it unlawful for any person to be operating a vehicle under the influence of alcohol of drugs. The code section was written before medical marijuana was permitted under certain situations, and therefore case law since then has determined how to deal with medical marijuana.

If a person holds a lawful Medical Marijuana card in compliance with the Compassionate Use Act, then they are permitted to be in possession of an ounce of marijuana. The question many of our clients have, is if this allows them to have used the marijuana before driving a vehicle, since they are legally permitted to be under the influence.
The answer can be explained by comparing marijuana usage to alcohol consumption. By law, a person over the age of 21 is permitted to drink alcohol, but they are still not allowed to be operating a vehicle under its influence. The consumption of alcohol is legal, until it becomes a danger to society, i.e, when the person gets behind the wheel and decides to drive.

Similarly, when a person smokes marijuana in the privacy of their home and they have a legal medical marijuana prescription, they are doing it within the limits of the law. However, once they decide to operate a vehicle while they are impaired, they are committing an unlawful act. They become a harm to society, very much like the person who decided to drive under the influence of alcohol.

When a person is stopped for being under the influence of alcohol and the impairment of marijuana, it could potentially be a serious charge. An experienced Los Angeles Criminal Defense attorney has seen thousands of cases like these and has successfully provided a strong defense. Be prepared with someone who will provide you with a powerful argument and knows the importance of reducing or dismissing your case.

When a person is charged with a crime, they are often taken into custody. In order to be released, they have to pay a bail amount. A bond hearing may be requested during the first criminal court appearance to reduce the bail, however, the person must remain in custody until their first court date.

Because the bail amount is usually a lot more than can be afforded by any one person, there are bail bondsmen that can help you out. A bail bondsman will pay the bail for you, and will ask you for 8 to 10% of the amount as a fee for their services. Some bail bondsmen ask for some property in the state where the person is arrested as collateral if they feel it is necessary.

There are many bail bondsmen located in your area, and you will see many standing outside of the jail handing out cards and offering you the best rate. So then how do you know which one to trust? There are some companies that will take a long amount of time before they can get your loved one released. They ask for lots of personal information, including bank account information and social security number before they say they can help you. It is difficult to determine whether the company you choose is trustworthy and will get you the results that you want.

Many Los Angeles Criminal Defense attorneys have worked closely with bail bonds companies throughout their long careers. They not only trust these bail bondsmen, but they have developed a long standing relationship with them. This is beneficial to the family who is overwhelmed, wants their loved one out of custody as soon as possible and wants someone they can trust.

For example, our firm had a client who was in Los Angeles, but whose family was out in New York. The father wanted his son out of custody as soon as possible, but the bail bondsman required property in the state of California before they could bail someone out. Thanks to the 30 year working relationship between the company and our firm, we were able to eliminate the property requirement and get the son out in a few hours.

When you are going to pay a significant amount of money to someone that promises they will get your loved one released out of custody, make sure it is someone that comes highly recommended, and someone you can trust. An experienced Los Angeles Criminal Defense attorney can point you in the right direction.